ROL_2016-12-02_16k_Hr1-2.timecode

[00:00.000 --> 00:07.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly
[00:07.840 --> 00:15.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.440]  into the tides of the alternative.
[00:23.440 --> 00:29.440]  Markets for Wednesday, the 30th of November, 2016, are currently trading with gold at $1,173
[00:29.440 --> 00:37.040]  an ounce, silver $16.47 an ounce, Texas crude $45.23 a barrel, and Bitcoin is currently
[00:37.040 --> 00:46.160]  sitting at about $742 U.S. currency.
[00:46.160 --> 00:53.280]  Today in history, the year 1998, Exxon and Mobil signed a $73.7 billion merger agreement,
[00:53.280 --> 01:02.480]  in effect creating Exxon Mobil, the world's largest company, today in history.
[01:02.480 --> 01:08.840]  In recent news, Abdul Razak Ali Artan, a Somalian-born U.S. resident and student at Ohio State University,
[01:08.840 --> 01:13.120]  drove into a group of people and started stabbing them before he was fatally shot by a university
[01:13.120 --> 01:14.880]  officer Monday morning.
[01:14.880 --> 01:18.440]  Eleven people were injured, including one in critical condition.
[01:18.440 --> 01:22.520]  Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:22.520 --> 01:26.960]  The FBI issued a series of tweets warning students that there was an active shooter,
[01:26.960 --> 01:29.880]  causing confusion on campus near the engineering building.
[01:29.880 --> 01:34.560]  It was Officer Alan Haruchko who fatally shot Abdul Artan after he drove over a curb and
[01:34.560 --> 01:38.120]  then got out of his vehicle and began attacking people with a butcher knife.
[01:38.120 --> 01:42.640]  Luckily, the officer was able to respond quickly since he was already nearby because of a gas
[01:42.640 --> 01:43.960]  leak in the area.
[01:43.960 --> 01:48.480]  Columbus Police Chief Kim Jacobs, when asked if it was considered a terrorist attack, said,
[01:48.480 --> 01:51.200]  quote, I think we have to consider that it is.
[01:51.200 --> 01:54.760]  Federal law enforcement officials have recently brought attention to concerns of terrorist
[01:54.760 --> 02:00.040]  propaganda, which encourages knife and car attacks because they're easier to pull off
[02:00.040 --> 02:06.080]  than bombings.
[02:06.080 --> 02:10.240]  The Texas legislator approved new rules this week, which go into effect on December 19th,
[02:10.240 --> 02:14.600]  requiring facilities which perform abortions to bury the fetal remains instead of disposing
[02:14.600 --> 02:18.320]  them in a sanitary landfill like other forms of biological medical waste.
[02:18.320 --> 02:22.440]  The new regulations do allow for the option of the fetal remains being stemmed disinfected
[02:22.440 --> 02:23.440]  beforehand.
[02:23.440 --> 02:28.360]  Texas Governor wrote in an email back in July, which the Tribune published in full, that,
[02:28.360 --> 02:32.440]  quote, I believe it is imperative to establish higher standards that reflect our respect
[02:32.440 --> 02:33.600]  for the sanctity of life.
[02:33.600 --> 02:37.560]  This is why Texas will require clinics and hospitals to bury or cremate human and fetal
[02:37.560 --> 02:38.560]  remains.
[02:38.560 --> 02:42.520]  I don't believe human and fetal remains should be treated like medical waste and disposed
[02:42.520 --> 02:44.120]  of in landfills.
[02:44.120 --> 02:46.800]  Indiana and Louisiana passed similar measures this year.
[02:46.800 --> 02:51.680]  However, neither state has put the new rules into effect amid continuing legal challenges.
[02:51.680 --> 03:20.680]  This is Rick Roady with your lowdown for November 30th, 2016.
[03:22.680 --> 03:23.680]  Okay.
[03:23.680 --> 03:24.680]  Howdy, howdy.
[03:24.680 --> 03:34.680]  This is Randy Kelton, Rudy Blah Radio, on this Friday, the second day of December 2016.
[03:34.680 --> 03:38.080]  We've almost made it through another year.
[03:38.080 --> 03:46.000]  And today, I'm going to continue a conversation we started last night about grand juries.
[03:46.000 --> 03:52.160]  A couple of years ago in the last legislative session, I started putting together a white
[03:52.160 --> 04:08.680]  paper for the legislature to ask them to propose a slight change in law that would, in my opinion,
[04:08.680 --> 04:15.480]  have a dramatic effect on the way law is done in the state of Texas.
[04:15.480 --> 04:21.680]  And anybody who's listened for a long time knows that for the last 30 years or so, I
[04:21.680 --> 04:31.880]  have been researching how to change the system with the smallest change to have the greatest
[04:31.880 --> 04:34.160]  effect.
[04:34.160 --> 04:42.400]  And after 15 years of initial research, it became clear that the way to change it is
[04:42.400 --> 04:46.880]  to give the public direct access to grand juries.
[04:46.880 --> 04:49.400]  Now, under law, we already have it.
[04:49.400 --> 04:56.040]  But we have prosecutors standing between us and the grand jurors, and they've got bailiffs
[04:56.040 --> 05:02.920]  and investigators who have pistols on who will prevent us from getting to the grand
[05:02.920 --> 05:11.400]  jury without regard to what the law says or without regard to what the law implies.
[05:11.400 --> 05:20.600]  Because the law does not specifically state that a citizen has the absolute right to go
[05:20.600 --> 05:22.960]  to a grand jury any time he wants to.
[05:22.960 --> 05:28.000]  It doesn't use that kind of direct, strong language.
[05:28.000 --> 05:32.440]  So prosecutors are lawyers, and they do what lawyers do.
[05:32.440 --> 05:33.440]  They wordcraft.
[05:33.440 --> 05:37.640]  They twist and they squeeze in order to get what they want without regard to what the
[05:37.640 --> 05:38.640]  law says.
[05:38.640 --> 05:45.080]  So we have to come in and ask our legislatures to make little adjustments to get around the
[05:45.080 --> 05:49.080]  lawyer shenanigans.
[05:49.080 --> 05:55.240]  And I do have a white paper that anyone who wants it, send me an email.
[05:55.240 --> 05:56.840]  I'll send it to you.
[05:56.840 --> 06:03.440]  And if you're in Texas and you're listening to this broadcast, send me an email.
[06:03.440 --> 06:11.440]  I will send you this white paper that proposes legislative changes.
[06:11.440 --> 06:12.440]  Read it.
[06:12.440 --> 06:17.920]  If you agree with me, send it to your legislator.
[06:17.920 --> 06:22.240]  Ask them to propose legislation.
[06:22.240 --> 06:28.920]  There are a number of things that I ask for here, but there are only two that are really
[06:28.920 --> 06:29.920]  important.
[06:29.920 --> 06:38.840]  There's only one that I actually really want to get beyond anything else.
[06:38.840 --> 06:49.080]  And that is, we want to ask the legislature to propose a change to Article 20.09 Texas
[06:49.080 --> 06:51.680]  Code of Criminal Procedure.
[06:51.680 --> 06:57.480]  20.09 goes to duties of grand jurors.
[06:57.480 --> 07:03.400]  It shall be the duty of the grand jury to investigate into all crimes subject to indictment
[07:03.400 --> 07:07.840]  that come to their knowledge by way of any member of the grand jury, the prosecuting
[07:07.840 --> 07:13.360]  attorney or any credible person.
[07:13.360 --> 07:22.520]  Any credible person is that section that gives, that statutorily stipulates a right of a citizen
[07:22.520 --> 07:29.880]  to give notice to a grand jury of crimes subject to indictment.
[07:29.880 --> 07:37.600]  Prosecutors keep us from getting to the grand jury because they refer to 2.0, I think it's
[07:37.600 --> 07:48.160]  to 20.11, that's the, I'm sorry, 20.10 that says that the prosecuting attorney may present
[07:48.160 --> 07:50.480]  to the grand jury.
[07:50.480 --> 07:58.440]  And what prosecutors say is that anytime you give notice to a grand jury, that's a presentment.
[07:58.440 --> 08:01.000]  And we're saying there's no such thing.
[08:01.000 --> 08:06.080]  Notice is notice, presentment is a term of art.
[08:06.080 --> 08:12.400]  Presentment is where a prosecuting attorney gives a formal presentment to a grand jury
[08:12.400 --> 08:15.760]  in quorum in session.
[08:15.760 --> 08:18.200]  We don't really care so much to do that.
[08:18.200 --> 08:22.840]  I mean, it wouldn't hurt our feelings if they let us do that, but it's not that important.
[08:22.840 --> 08:30.080]  What we're here to do is give notice of crime to the grand jury.
[08:30.080 --> 08:38.960]  And 20.09 authorizes us to do that, but prosecutors are doing their word crafting and doing everything
[08:38.960 --> 08:41.680]  they can to keep us from getting access.
[08:41.680 --> 08:55.600]  So we want the legislature to add 20.095 or 20.091, whatever they want to call it.
[08:55.600 --> 09:03.920]  And that proposal, real simple, real short, I'm scrolling down a page here to get to the
[09:03.920 --> 09:06.800]  right one.
[09:06.800 --> 09:19.640]  We want to ask the grand jury to add to the requirements in 20.09 that every citizen,
[09:19.640 --> 09:27.080]  here I have it listed as 20.095, every citizen with knowledge of a crime subject to indictment
[09:27.080 --> 09:33.400]  shall have the right to make said knowledge known to the grand jury by personal testimony
[09:33.400 --> 09:39.520]  under oath or by verified affidavit.
[09:39.520 --> 09:44.560]  That statute will cost nothing.
[09:44.560 --> 09:53.160]  It will interfere with no law and it will change everything.
[09:53.160 --> 10:02.800]  The next time a police officer pulls me over and I am my usual obnoxious and demanding
[10:02.800 --> 10:03.800]  self.
[10:03.800 --> 10:14.120]  And the officer has this notion that he would like to administer to me an attitude adjustment.
[10:14.120 --> 10:19.680]  He will be in a position he will have to consider.
[10:19.680 --> 10:27.640]  What is a grand jury of his peers likely to think about what I'm about to do?
[10:27.640 --> 10:33.360]  I suggest to you that will change everything.
[10:33.360 --> 10:41.960]  And a large portion of the problems we're currently having will simply go away.
[10:41.960 --> 10:48.440]  When you go in front of a judge and the judge thinks about having himself an attitude and
[10:48.440 --> 10:54.040]  reading you the right act, he's going to have to consider what's going to happen if I make
[10:54.040 --> 10:58.400]  this guy angry and he goes to a grand jury.
[10:58.400 --> 11:07.400]  And what happens if there happens to be on that grand jury a grand juror who himself
[11:07.400 --> 11:16.680]  or one of his or her relatives, children, next door neighbors feels as though they've
[11:16.680 --> 11:20.440]  been screwed over by me.
[11:20.440 --> 11:24.160]  What's the likelihood or chance that I could get indicted?
[11:24.160 --> 11:25.160]  Oh, sure.
[11:25.160 --> 11:26.160]  I could.
[11:26.160 --> 11:33.960]  It's almost certainly even if it did get indicted, the courts would eventually throw it out.
[11:33.960 --> 11:40.120]  But in the meantime, I would have to deal with felony prosecution.
[11:40.120 --> 11:46.000]  And even if it did get thrown out, it stays on my record forever.
[11:46.000 --> 11:49.280]  Those who've been listening to the show know I've been doing this kind of thing for quite
[11:49.280 --> 11:51.680]  a while.
[11:51.680 --> 11:56.240]  And I can assure you when you start filing criminal charges against public officials
[11:56.240 --> 12:03.320]  for their bad behavior, they get real excited and they get real nervous.
[12:03.320 --> 12:10.800]  Even though they may think they have the system sewed up, they may feel like they're a member
[12:10.800 --> 12:16.480]  of the good old boy club and these good old boys aren't going to crucify me, but they
[12:16.480 --> 12:17.480]  know better.
[12:17.480 --> 12:23.360]  If you don't believe that, ask Tom Delay or Rick Perry.
[12:23.360 --> 12:30.640]  He knows full well the good old boys will crucify you if it's politically expedient.
[12:30.640 --> 12:35.600]  Ask all the judges at the Court of Criminal Appeals.
[12:35.600 --> 12:40.040]  Ron Irwin will put all them in front of a grand jury with one of my complaints over
[12:40.040 --> 12:43.920]  something exceptionally minor.
[12:43.920 --> 12:51.240]  Well, Spencer, how you look at it, it was one of those little technical things.
[12:51.240 --> 12:59.120]  I filed a habeas for a kid and Conroe, the Court of Criminal Appeals at the time, required
[12:59.120 --> 13:03.120]  that you file a motion for leave to file.
[13:03.120 --> 13:09.360]  And I objected to it as the habeas corpus is the great writ, the writ of right, the
[13:09.360 --> 13:11.320]  court has no power to grant or to night leave.
[13:11.320 --> 13:16.320]  They wouldn't take it without it, it wasn't my fight, I'm trying to get this kid out
[13:16.320 --> 13:17.320]  of jail.
[13:17.320 --> 13:24.040]  So I filed a motion for leave, they denied leave to file a habeas corpus.
[13:24.040 --> 13:25.800]  I thought, are you kidding me?
[13:25.800 --> 13:28.840]  This is where they get that authority.
[13:28.840 --> 13:35.280]  I raised the same question in a set of criminal complaints to the grand jury.
[13:35.280 --> 13:44.320]  Ron Earl, 25-year prosecuting attorney, not running for office again, he's a Democrat,
[13:44.320 --> 13:47.960]  all 15 of these judges are Republicans.
[13:47.960 --> 13:51.560]  He gave my complaint to the grand jury.
[13:51.560 --> 13:58.120]  Now they didn't indict these guys, but if you file a habeas with the Court of Criminal
[13:58.120 --> 14:04.600]  Appeals in Texas, you don't get any of this nonsense about motion for leave to file.
[14:04.600 --> 14:05.840]  They cut that out immediately.
[14:05.840 --> 14:13.560]  These are the highest judges in Texas, and if it gets to their attention, it's going
[14:13.560 --> 14:15.040]  to get everybody's attention.
[14:15.040 --> 14:27.040]  The point of that story is not that you are so incredibly powerful, it wasn't my eloquent
[14:27.040 --> 14:34.520]  oratory or all the pressure I put on them like I wanted to think it was, it's all political.
[14:34.520 --> 14:37.360]  Everything's political.
[14:37.360 --> 14:42.120]  You're not going to directly frighten these people.
[14:42.120 --> 14:52.600]  What you're going to do is bring to the table political cannon fodder that these people's
[14:52.600 --> 14:55.440]  political enemies can use against them.
[14:55.440 --> 15:00.040]  That's what they're afraid of, and they're always afraid.
[15:00.040 --> 15:03.400]  Just an accusation is going to come back and haunt them.
[15:03.400 --> 15:08.640]  Every time they run for office, and they're in a political debate, and their opponent
[15:08.640 --> 15:12.680]  drags up these criminal complaints you presented to a grand jury.
[15:12.680 --> 15:16.840]  Hey there, were you ever presented to a grand jury?
[15:16.840 --> 15:21.560]  Didn't you get presented down there in Johnson County?
[15:21.560 --> 15:26.000]  What did you do that a citizen had to go to all the trouble to file criminal charges against
[15:26.000 --> 15:27.000]  you at the grand jury?
[15:27.000 --> 15:32.960]  Oh, that was just all nonsense, and it was frivolous.
[15:32.960 --> 15:39.040]  Well, the public's going to believe that where there's smoke, there's fire.
[15:39.040 --> 15:44.680]  This is what our public officials are most afraid of, and in some cases, afraid of a
[15:44.680 --> 15:45.680]  duck.
[15:45.680 --> 15:50.000]  Mostly, they're afraid that you'll create political cannon fodder that someone else
[15:50.000 --> 15:58.720]  can use against them, and I can assure you, you can do just exactly that.
[15:58.720 --> 16:07.560]  Including the grand jury, if we can get this slight change, then there will be no question.
[16:07.560 --> 16:09.960]  You won't have to fight the prosecutor.
[16:09.960 --> 16:16.280]  You can fight the prosecutor now, because you already have the right to go before a
[16:16.280 --> 16:20.880]  grand jury, or to give notice to a grand jury.
[16:20.880 --> 16:25.600]  In Tarrant County and Wise County, I get no interference.
[16:25.600 --> 16:30.800]  In Tarrant County, there's a little interference afterward, but take care of that.
[16:30.800 --> 16:36.160]  You can go to Tarrant County, go to the criminal courts building, go up to the second floor,
[16:36.160 --> 16:40.360]  and there's a walkway around a big open foyer.
[16:40.360 --> 16:45.280]  Walk around that walkway to the opposite side of the elevators, there's a door there.
[16:45.280 --> 16:49.840]  Go in there, hand this to the bailiff, and say, give this to the grand jury, and they
[16:49.840 --> 16:53.920]  will take it with no question.
[16:53.920 --> 16:58.440]  Hang on, pick this up on the other side, Randy Kelton, if we lose our radio, we'll be right
[16:58.440 --> 16:59.440]  back.
[16:59.440 --> 17:00.440]  Dang, Cookie.
[17:00.440 --> 17:01.440]  Cookie?
[17:01.440 --> 17:02.440]  Me love cookies.
[17:02.440 --> 17:03.440]  Oh, hi, Cookie Muncher.
[17:03.440 --> 17:04.440]  No, these are yucky cookies.
[17:04.440 --> 17:05.440]  Cookies?
[17:05.440 --> 17:06.440]  Yucky?
[17:06.440 --> 17:07.440]  No, no bad cookies.
[17:07.440 --> 17:08.440]  You can't even eat these cookies.
[17:08.440 --> 17:09.440]  These are cyber cookies.
[17:09.440 --> 17:10.440]  No, can't eat?
[17:10.440 --> 17:11.440]  No, they are cyber cookies, and they clog up your computer.
[17:11.440 --> 17:12.440]  Me have apple.
[17:12.440 --> 17:13.440]  Really?
[17:13.440 --> 17:14.440]  Oh, that's an actual apple.
[17:14.440 --> 17:15.440]  Yummy apple.
[17:15.440 --> 17:16.440]  I'm going to eat it.
[17:16.440 --> 17:26.840]  I'm going to throw away these yucky cookies in the trash.
[17:26.840 --> 17:33.040]  I click control, shift, delete, and then scroll down to cookies, and clear them.
[17:33.040 --> 17:34.560]  Bye bye, yucky cookies.
[17:34.560 --> 17:40.200]  Now I go to logosradionetwork.com, and I click on the Amazon box on the upper right hand
[17:40.200 --> 17:46.240]  side, bookmark the link, and I can go to Amazon through this link, and order you some yummy
[17:46.240 --> 17:47.240]  new cookies.
[17:47.240 --> 17:48.240]  New cookies?
[17:48.240 --> 17:49.240]  For me?
[17:49.240 --> 17:51.080]  Consider it an early Christmas present.
[17:51.080 --> 17:55.680]  And every time I order on Amazon, I go through this link, and I give a little present to
[17:55.680 --> 17:57.360]  this radio network, too.
[17:57.360 --> 17:58.360]  These are cookies.
[17:58.360 --> 18:00.560]  These are classified.
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[18:59.920 --> 19:12.640]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.640 --> 19:25.520]  Okay, we are back, Randy Kelton, Rule of Law Radio on this Friday, the second day of December
[19:25.520 --> 19:35.080]  2016, and we're talking about the grand jury, the most powerful tool you and I as citizens
[19:35.080 --> 19:40.480]  have to wield against unruly public officials.
[19:40.480 --> 19:53.680]  It's been my whole purpose here to try to make tools available to ordinary people so
[19:53.680 --> 19:59.280]  that they could go in and wield those tools against our public officials to bring them
[19:59.280 --> 20:00.840]  back in line.
[20:00.840 --> 20:10.200]  It has always been and remains my stated ultimate outcome, and that is to place every judge
[20:10.200 --> 20:16.000]  in the country in a position such that when they step up behind the bench and look out
[20:16.000 --> 20:22.920]  across the bar at the gallery, I want them wondering which one, which one of those scoundrels
[20:22.920 --> 20:30.480]  out there, ordinary citizens are waiting for me to render a ruling they don't like so he
[20:30.480 --> 20:35.320]  can run down to the grand jury and try to get me indicted.
[20:35.320 --> 20:43.040]  If we can get our judges in that position, they will start dispensing justice because
[20:43.040 --> 20:50.640]  the power we wield is more politically effective than the power the banks and the big money
[20:50.640 --> 20:55.760]  that the pockets wield, and we can do that.
[20:55.760 --> 21:01.840]  It's not hard, and oh, by the way, by calling, the lines are open.
[21:01.840 --> 21:03.920]  Our call-in number is 512-646-1984.
[21:03.920 --> 21:10.280]  We will be taking your calls all night, so if you have a question or comment, give us
[21:10.280 --> 21:17.280]  a call, and right now there's no one on the board, so I'm going to go ahead with this
[21:17.280 --> 21:22.160]  white paper that I've referenced earlier.
[21:22.160 --> 21:27.920]  There are more issues, there are two primary issues, one is the grand jury, but the grand
[21:27.920 --> 21:36.840]  jury will give us a way to affect the system directly.
[21:36.840 --> 21:39.840]  There's another problem in the system.
[21:39.840 --> 21:49.840]  Back in 1965, the legislature made an adjustment to 14.01 Texas Code of Criminal Procedure.
[21:49.840 --> 22:00.040]  14.01 is the statute that authorizes a police officer to arrest a person for an on-site
[22:00.040 --> 22:08.920]  offense, and it's titled, Offense Within View, a Peace Officer, or any other person
[22:08.920 --> 22:14.700]  made without a warrant, arrest an offender when the offense is committed in his presence
[22:14.700 --> 22:22.960]  or within his view if the offense is one classed as a felony or as an offense against the public
[22:22.960 --> 22:23.960]  peace.
[22:23.960 --> 22:30.200]  Now, that's how the law stood since 1925.
[22:30.200 --> 22:40.400]  In 1925, the legislature put in place a penal code with the intent that that code not be
[22:40.400 --> 22:43.080]  substantially changed.
[22:43.080 --> 22:54.400]  Then in 1965, the legislature put in an addition, paragraph B, a peace officer may arrest an
[22:54.400 --> 23:03.000]  offender without a warrant for any offense committed in his presence or within his view.
[23:03.000 --> 23:06.160]  That changed everything.
[23:06.160 --> 23:14.280]  Now, a police officer can arrest you because he claims you dropped a piece of paper on
[23:14.280 --> 23:15.280]  the sidewalk.
[23:15.280 --> 23:16.360]  That's littering.
[23:16.360 --> 23:18.600]  You can go to jail for it.
[23:18.600 --> 23:24.040]  You can go to jail for anything.
[23:24.040 --> 23:28.640]  He can arrest you and take you to jail for anything he wants to.
[23:28.640 --> 23:34.800]  That was not what was originally intended, and I don't believe the legislature intended
[23:34.800 --> 23:38.040]  to give the police absolute power.
[23:38.040 --> 23:53.000]  Now, this on its surface would not be substantially offensive if the magistrates, if the police
[23:53.000 --> 24:02.120]  officers took people to a magistrate the way they're required to in 14.03.
[24:02.120 --> 24:07.400]  The peace officer can arrest without a warrant, and it goes through a list of when they can
[24:07.400 --> 24:12.480]  arrest, but this is a rather long statute.
[24:12.480 --> 24:19.560]  The crux of 14.03 is when they arrest without a warrant, they must take the person arrested
[24:19.560 --> 24:28.160]  directly to the nearest magistrate and explain themselves.
[24:28.160 --> 24:34.080]  This provision was not put in because we didn't trust the police.
[24:34.080 --> 24:43.720]  It was put in because our founders did not want the public to fear that a policeman could
[24:43.720 --> 24:47.040]  arrest and imprison.
[24:47.040 --> 24:52.480]  The Gerstein-Pew, Gerstein-Pew is essentially the controlling case on this issue.
[24:52.480 --> 25:02.400]  It speaks to the right or to the, well, they call it a compromise.
[25:02.400 --> 25:05.800]  Let me read this section from Gerstein-Pew.
[25:05.800 --> 25:11.440]  Maximum protection of individual rights could be assured by requiring a magistrate's review
[25:11.440 --> 25:15.480]  of the factual justification prior to any arrest.
[25:15.480 --> 25:21.200]  But such a requirement would constitute an intolerable handicap for legitimate law enforcement.
[25:21.200 --> 25:27.800]  Thus, while the court has expressed a preference for the use of arrest warrants when feasible,
[25:27.800 --> 25:34.400]  Beckby, Ohio, several others, it has never invalidated an arrest supported by probable
[25:34.400 --> 25:39.360]  cause solely because the officers failed to secure a warrant.
[25:39.360 --> 25:45.760]  Under this practical compromise, a policeman's on-site assessment of probable cause provided
[25:45.760 --> 25:52.680]  legal justification for arresting a person suspected of crime and for a brief period
[25:52.680 --> 25:58.120]  of detention to take the administrative steps incident to the arrest.
[25:58.120 --> 26:05.440]  Once the suspect is in custody, however, the reasons that justify dispensing with the magistrate's
[26:05.440 --> 26:12.400]  neutral judgment evaporate, there no longer is any danger that the suspect will escape
[26:12.400 --> 26:16.800]  or commit further crimes while the police submit their evidence to a magistrate.
[26:16.800 --> 26:23.240]  And while the state's reason for taking some reactions subside, the suspect's need for
[26:23.240 --> 26:28.560]  a neutral determination of probable cause increases significantly.
[26:28.560 --> 26:33.960]  The consequences of prolonged detention may be more serious than the interference occasioned
[26:33.960 --> 26:35.640]  by arrest.
[26:35.640 --> 26:40.480]  Pretrial confinement may imperil the suspect's job, interrupt his source of income, and impair
[26:40.480 --> 26:45.240]  his family relations.
[26:45.240 --> 26:51.240]  Even pretrial release may be accompanied by burdensome conditions that affect significant
[26:51.240 --> 26:54.360]  restraint of liberty.
[26:54.360 --> 27:00.720]  When the stakes are this high, the detached judgment of a neutral magistrate is essential
[27:00.720 --> 27:06.320]  if the Fourth Amendment is to furnish meaningful protection from unfounded interference with
[27:06.320 --> 27:07.320]  liberty.
[27:07.320 --> 27:13.040]  Accordingly, we hold that the Fourth Amendment requires a judicial determination of probable
[27:13.040 --> 27:19.520]  cause as a prerequisite to extended restraint of liberty following arrest.
[27:19.520 --> 27:29.160]  Thus, we rather clearly stated, it is exactly what the law requires, but it is not what
[27:29.160 --> 27:30.760]  they do.
[27:30.760 --> 27:39.360]  What they do is on us, they take you straight to jail, and then eventually they'll bring
[27:39.360 --> 27:53.040]  you before this magistrate who will issue warnings that are contained in 15.17, Texas
[27:53.040 --> 27:56.480]  Code of Criminal Procedure.
[27:56.480 --> 28:00.760]  They call it a magistration.
[28:00.760 --> 28:07.520]  If anybody who's worked in this area very much will be familiar with a magistration
[28:07.520 --> 28:18.560]  or with the term, if you put magistration into a Word document, Microsoft Word will
[28:18.560 --> 28:24.040]  put a little red line under it, doesn't recognize it.
[28:24.040 --> 28:30.720]  The reason it doesn't recognize it is the prosecutors made it up.
[28:30.720 --> 28:40.240]  He wasn't prosecutorially expedient to have a person taken before a magistrate.
[28:40.240 --> 28:43.160]  Prosecutor really didn't care if you were guilty or innocent.
[28:43.160 --> 28:55.080]  All he wanted was a deal, and they have structured the system so that if you get accused of crime
[28:55.080 --> 29:01.000]  in the state of Texas and in most states, you're going to take a deal.
[29:01.000 --> 29:03.520]  That's about all there is to that.
[29:03.520 --> 29:08.800]  Doesn't matter if you're guilty or innocent, nobody in the system really cares.
[29:08.800 --> 29:14.240]  They just want to move your case through the system, through on probation.
[29:14.240 --> 29:17.080]  It's all about the money.
[29:17.080 --> 29:18.080]  Probation.
[29:18.080 --> 29:27.400]  I looked through the files in the county I live with, live in, it's a rather small county,
[29:27.400 --> 29:34.760]  and in six months, there were 1,653 indictments brought.
[29:34.760 --> 29:40.520]  One person pled not guilty by the court record.
[29:40.520 --> 29:41.520]  Six fines.
[29:41.520 --> 29:42.520]  I'll explain why.
[29:42.520 --> 29:47.120]  When we come back on the other side, Randy Kelton, Root of Law Radio, our call in number
[29:47.120 --> 30:04.400]  512-646-1984, we'll be right back.
[30:04.400 --> 30:09.720]  In China, a toddler crawled out of a high-rise apartment window and was plunging to her death
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[31:59.600 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
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[32:08.800 --> 32:12.400]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.400 --> 32:15.960]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.960 --> 32:20.000]  in our own private capacity, and most importantly, the right to due process of law.
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[32:29.200 --> 32:33.000]  most comprehensive teaching tool available that will help you understand what due process
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[33:03.760 --> 33:19.840]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:19.840 --> 33:20.840]  We are back.
[33:20.840 --> 33:28.640]  Randy Kelton, Rule of Law Radio, and a little more on 1517.
[33:28.640 --> 33:32.200]  This is the reason we need the grand jury.
[33:32.200 --> 33:41.640]  We need the grand jury to raise questions about the way our public officials enforce
[33:41.640 --> 33:44.120]  our laws.
[33:44.120 --> 33:46.960]  Right now, we have no place to bring that other than the courts.
[33:46.960 --> 33:53.880]  When you go into the courts, trying to get the courts to adjudicate what the courts are
[33:53.880 --> 33:59.840]  doing as you might guess, they're not too cooperative.
[33:59.840 --> 34:03.720]  We need a grand jury to force them to cooperate.
[34:03.720 --> 34:14.480]  If anybody's ever been arrested, they're probably familiar with this video-magistration thing
[34:14.480 --> 34:18.520]  where the judge is authorized to hold a magistration in video.
[34:18.520 --> 34:22.440]  He don't even have to bother to go to jail and look you in the eye.
[34:22.440 --> 34:23.440]  They do that through a video.
[34:23.440 --> 34:32.960]  Well, the only place that's authorized is in 1517, and Chapter 15 goes to arrest on
[34:32.960 --> 34:35.920]  an existing warrant.
[34:35.920 --> 34:40.320]  Chapter 14 goes to arrest without a warrant.
[34:40.320 --> 34:50.960]  So 1517 would only apply if a person was arrested on an existing warrant, and this is what paragraph
[34:50.960 --> 34:52.640]  A says.
[34:52.640 --> 34:57.120]  In each case enumerated in this code, the person making the arrest or the person having
[34:57.120 --> 35:03.880]  custody of the person arrested shall without unnecessary delay, but no later than 48 hours
[35:03.880 --> 35:10.080]  after the person is arrested, take the person arrested or have him taken before some magistrate
[35:10.080 --> 35:19.920]  of the county where the accused was arrested, or to provide more expeditiously to the person
[35:19.920 --> 35:25.640]  arrested the warnings described by this article before a magistrate in any other county of
[35:25.640 --> 35:26.640]  this state.
[35:26.640 --> 35:36.120]  Now, the case law on this says the only time you can do this is if the person is arrested
[35:36.120 --> 35:42.320]  on a warrant outside the county in which they are arrested.
[35:42.320 --> 35:50.840]  If you're not in the county, and you can't quickly get back to the county, then you can
[35:50.840 --> 35:57.360]  take the person before a magistrate for the purpose of issuing these warnings, and it
[35:57.360 --> 36:07.200]  goes on a long list of warnings they have to give, but they took this and applied this
[36:07.200 --> 36:16.120]  to every arrest, arrest without a warrant, and eliminated the examining trial altogether.
[36:16.120 --> 36:20.280]  Now, chapter 14 is arrest without a warrant.
[36:20.280 --> 36:23.000]  Chapter 15 is arrest with a warrant.
[36:23.000 --> 36:32.120]  Chapter 16 is what happens or what is supposed to happen when you're brought before a magistrate.
[36:32.120 --> 36:38.720]  If you're arrested without a warrant, it's rather obvious that, especially after hearing
[36:38.720 --> 36:48.440]  Gernstein Pugh, that due process requires a probable cause determination.
[36:48.440 --> 36:55.480]  If you were arrested on a warrant, there was a probable cause determination.
[36:55.480 --> 37:01.560]  However, that probable cause determination was made ex parte.
[37:01.560 --> 37:09.200]  It had to have been made ex parte, otherwise there would be no point in a warrant.
[37:09.200 --> 37:18.840]  The warrant, if you read a warrant, it says arrest this person and bring him before me.
[37:18.840 --> 37:26.680]  That's the magistrate who issued the warrant, and the reason for that is if you are arrested
[37:26.680 --> 37:32.480]  with or without a warrant, you'll be required to be brought before a magistrate.
[37:32.480 --> 37:43.040]  If you're arrested on a warrant, and this is the reason for paragraph A in 1517, you're
[37:43.040 --> 37:46.760]  required to be taken before the magistrate who issued the warrant.
[37:46.760 --> 37:55.880]  That's what the warrant says, but if you're out of county and the magistrate's not available,
[37:55.880 --> 38:01.520]  he has a right to be brought before a magistrate because the warrant was issued ex parte, and
[38:01.520 --> 38:08.800]  the arrested person was not granted opportunity to do all of those things that are listed
[38:08.800 --> 38:16.920]  in chapter 16, to, first of all, give a statement to the court before any evidence is entered
[38:16.920 --> 38:25.080]  against the person, to face his, to enter exculpatory evidence.
[38:25.080 --> 38:33.280]  These are basic rights that are enumerated in constitution by treating the person arrested
[38:33.280 --> 38:42.080]  without a warrant as if he was arrested with a warrant, then I'm a proper examining trial.
[38:42.080 --> 38:47.520]  So this we want changed.
[38:47.520 --> 38:53.360]  We don't need this reference in 1517.
[38:53.360 --> 39:01.040]  There is no reason in Texas, and an attorney general opinion H 500 says that a person arrested
[39:01.040 --> 39:06.720]  with or without a warrant can be taken before, I'm sorry, it says that any magistrate in
[39:06.720 --> 39:12.040]  Texas can hear any complaint fell into your misdemeanor state or federal.
[39:12.040 --> 39:19.520]  So if a person's arrested for anything, any magistrate can hold an examining trial.
[39:19.520 --> 39:25.880]  The warrant specifies to bring them before this person, but it also goes on to say that
[39:25.880 --> 39:30.520]  if you're not available, you can take them over before any magistrate.
[39:30.520 --> 39:35.520]  We don't need 1517, all it does is confuse things.
[39:35.520 --> 39:47.480]  If we eliminate 1517, eliminate the reference to 1517 in 1406, we patch a big hole in the
[39:47.480 --> 39:51.600]  code of criminal procedure without spending a whole lot more time on it.
[39:51.600 --> 39:57.800]  If anyone is interested in looking at this in detail, send me an email and ask for my
[39:57.800 --> 39:58.800]  white paper.
[39:58.800 --> 40:06.920]  We'd like to get as many people sending this to their legislators as we can.
[40:06.920 --> 40:11.320]  All of these legislators get elected into office and they want something to do.
[40:11.320 --> 40:17.640]  Well, here we can give them something to do that's really simple, that won't cause them
[40:17.640 --> 40:23.640]  a lot of difficulty, they won't cost the state any money and won't interfere with any existing
[40:23.640 --> 40:30.000]  law and has the potential to change everything.
[40:30.000 --> 40:36.960]  So if you're interested, send me an email, I'll send you a copy of this white paper and
[40:36.960 --> 40:41.360]  see if we can get some comments back.
[40:41.360 --> 40:45.280]  Since I wrote the whole thing, I need somebody else to look at it and tell me where it doesn't
[40:45.280 --> 40:52.040]  make sense and we can adjust and hone this thing and maybe actually get some positive
[40:52.040 --> 40:53.040]  legislation.
[40:53.040 --> 40:58.000]  Okay, we're going to go to Olivier in Tennessee.
[40:58.000 --> 40:59.000]  Hello, Olivier.
[40:59.000 --> 41:00.000]  Hello.
[41:00.000 --> 41:01.000]  Okay.
[41:01.000 --> 41:04.000]  Can you hear me?
[41:04.000 --> 41:06.500]  Yes, I can hear you.
[41:06.500 --> 41:12.440]  So you went to court the other day and they jerked you around on the dating so you weren't
[41:12.440 --> 41:18.320]  prepared for court and tell us what happened at court.
[41:18.320 --> 41:27.880]  So the jury instructions, she neglected to include affirmative defense that was in the
[41:27.880 --> 41:28.880]  statute.
[41:28.880 --> 41:31.680]  Also, the statute mentioned the motor vehicle.
[41:31.680 --> 41:38.800]  Also, while I was questioning the officers during the trial, I made sure that they testified
[41:38.800 --> 41:47.440]  that I was not engaged in transportation and that I was not arrested at the time they came
[41:47.440 --> 41:55.920]  up to the light behind me to see if I was okay.
[41:55.920 --> 42:04.920]  So basically, they instructed the jury to find me guilty based on only the first wording
[42:04.920 --> 42:12.440]  of the statute and neglected to include the rest of it as a defense.
[42:12.440 --> 42:13.440]  Okay.
[42:13.440 --> 42:19.360]  Okay, they found you guilty.
[42:19.360 --> 42:24.560]  Did you file a notice of intent to appeal?
[42:24.560 --> 42:25.560]  Not yet.
[42:25.560 --> 42:26.560]  Okay.
[42:26.560 --> 42:31.520]  Well, they haven't, my attorney was telling me that I had to wait until the final judgment
[42:31.520 --> 42:39.800]  and my sentence in the date is not until January, yes, beginning of January.
[42:39.800 --> 42:40.800]  Is that correct?
[42:40.800 --> 42:45.960]  Do I have to wait until I get sent it or once the jury finds me guilty?
[42:45.960 --> 42:56.320]  Okay, what you may consider doing is petition the court for dismissal, not withstanding
[42:56.320 --> 43:08.080]  the jury verdict, raise these issues, these due process issues in a brief to the court
[43:08.080 --> 43:15.200]  showing how they denied you in your right to petition the court for redress of grievance
[43:15.200 --> 43:23.800]  in that they denied your right to bring affirmative defenses and ask the judge to dismiss the
[43:23.800 --> 43:27.320]  case not withstanding the jury verdict.
[43:27.320 --> 43:28.320]  Okay.
[43:28.320 --> 43:37.120]  Also, the fact that they would not allow me to use constitutional defenses, is that also
[43:37.120 --> 43:39.120]  part of that?
[43:39.120 --> 43:40.120]  Exactly.
[43:40.120 --> 43:41.120]  Hang on.
[43:41.120 --> 43:42.480]  This is, we're about to go to break.
[43:42.480 --> 43:49.440]  This is Randy Kelton, the rule of law radio, our calling number 512-646-1984, we'll be
[43:49.440 --> 43:55.360]  right back.
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[45:01.160 --> 45:04.320]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.200 --> 46:23.200]  Okay.
[46:23.200 --> 46:24.200]  We are back.
[46:24.200 --> 46:29.960]  Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[46:29.960 --> 46:32.680]  Okay, Olivier.
[46:32.680 --> 46:40.320]  The fact that the court denied you in your right to present constitutional defenses or
[46:40.320 --> 46:50.000]  defenses based on constitutional rights goes to a procedural due process error.
[46:50.000 --> 46:56.240]  You might consider that a good offense is the best defense.
[46:56.240 --> 47:03.000]  Might be time to take the state court to the fed.
[47:03.000 --> 47:11.400]  Do you have any examples of other people who have represented themselves before the court?
[47:11.400 --> 47:18.360]  Like can I find them?
[47:18.360 --> 47:23.520]  You might try to find people who tried to defend themselves in court.
[47:23.520 --> 47:29.720]  The national average these days according to the Texas State Bar Association is 20%.
[47:29.720 --> 47:37.200]  20% of the people go before the court without an attorney because they no longer trust the
[47:37.200 --> 47:38.200]  lawyers.
[47:38.200 --> 47:47.240]  You might try to find other pro se litigants and look at their cases and see if you can
[47:47.240 --> 47:52.360]  find a pattern of treatment of pro se litigants.
[47:52.360 --> 47:58.000]  Then you go to the feds and ask the feds for a restraining order against the state based
[47:58.000 --> 48:06.000]  on a pattern of constitutional violations.
[48:06.000 --> 48:09.480]  I think it was either Texas or Alabama.
[48:09.480 --> 48:17.800]  One of the states based on a lawsuit had the federal government overlooking their courts.
[48:17.800 --> 48:21.160]  I think it was Texas.
[48:21.160 --> 48:30.440]  We had the federal government here overseeing our Texas education agency over segregation.
[48:30.440 --> 48:36.800]  It was just a few years ago that the feds finally stepped out and let the state take
[48:36.800 --> 48:38.680]  it back over.
[48:38.680 --> 48:48.760]  The feds could step in and take over the criminal justice system if you can show that the state
[48:48.760 --> 49:00.160]  actors are acting toward an ongoing pattern of abuse against pro se litigants.
[49:00.160 --> 49:05.880]  The more outrageous this judge was, the better for you.
[49:05.880 --> 49:08.880]  Okay.
[49:08.880 --> 49:17.240]  Got me kind of confused because I got another question, which is leading to that.
[49:17.240 --> 49:24.160]  What I need to make sure I do is file, with the motion for new trial, file for the procedure
[49:24.160 --> 49:35.800]  due process for the not being able to produce or argue the affirmative defense in the statute.
[49:35.800 --> 49:45.160]  Also argue that that section, part B, part A says anyone in locomotion, part B said anyone
[49:45.160 --> 49:46.160] ... Wait a minute.
[49:46.160 --> 49:47.160]  Hold on, hold on.
[49:47.160 --> 49:48.160]  Don't do that to us.
[49:48.160 --> 49:51.160]  Part A and D of what?
[49:51.160 --> 49:55.080]  I meant of the evading arrest statute.
[49:55.080 --> 49:56.080]  Okay.
[49:56.080 --> 50:00.120]  A pertains to someone who's in locomotion.
[50:00.120 --> 50:05.240]  Part B deals with someone, the third part deals, the one that they tried to deal with,
[50:05.240 --> 50:09.640]  deals with someone who's operating a motor vehicle.
[50:09.640 --> 50:15.640]  So in the officer's testimony, they have not proven that I was operating a motor vehicle.
[50:15.640 --> 50:23.400]  The whole testimony was that I took my friend out to eat after helping me fix a burnt down
[50:23.400 --> 50:29.000]  house all day and I fell asleep at the light because the light is too long and we've been
[50:29.000 --> 50:30.000]  up all day.
[50:30.000 --> 50:31.000]  Okay.
[50:31.000 --> 50:32.000]  So-
[50:32.000 --> 50:39.480]  He came up, he had his real lights on, not his front lights saying that I was in... I
[50:39.480 --> 50:40.480]  was seized.
[50:40.480 --> 50:45.160]  They're saying like seizure, it was his real life.
[50:45.160 --> 50:52.080]  He testified that his real lights were on only to keep us from getting harmed.
[50:52.080 --> 50:58.160]  I was not seized and I did not commit a crime.
[50:58.160 --> 51:02.240]  So when I left, I couldn't have committed a crime because I mean, I couldn't have committed
[51:02.240 --> 51:07.000]  evading arrest because there was no lawful arrest.
[51:07.000 --> 51:13.440]  So they convicted me on evading arrest without a crime being committed.
[51:13.440 --> 51:25.600]  Okay, so this is... The worse they do, the better it is to get to the feds with.
[51:25.600 --> 51:32.920]  So you don't expect... I mean there are steps you have to go through and certainly asking
[51:32.920 --> 51:44.280]  for a new trial here, it's a little bit beyond my knowledge as to how that's done in Tennessee.
[51:44.280 --> 51:50.760]  That's something that you have to do before she renders the verdict.
[51:50.760 --> 51:53.760]  Okay, hold on.
[51:53.760 --> 51:54.760]  Okay.
[51:54.760 --> 51:55.760]  I'm sorry.
[51:55.760 --> 51:56.760]  Say that again.
[51:56.760 --> 52:01.920]  Those things to me, that's something that you have the emotion that you have to put
[52:01.920 --> 52:06.240]  in before they sentence, they give me the sentence.
[52:06.240 --> 52:07.240]  Okay.
[52:07.240 --> 52:08.240]  Okay.
[52:08.240 --> 52:17.760]  So, well that's easy enough and this would be... Because it is a jury verdict, then you
[52:17.760 --> 52:26.840]  need to put in... Okay, I want to say put in a motion to dismiss notwithstanding the
[52:26.840 --> 52:27.840]  verdict.
[52:27.840 --> 52:33.680]  That's generally what you would do... This is what Tom DeLay did.
[52:33.680 --> 52:41.640]  Tom DeLay was prosecuted before a jury, they found him guilty and they petitioned the district
[52:41.640 --> 52:46.840]  court to dismiss the case and the district court to see the whole thing out.
[52:46.840 --> 52:49.600]  You may be able to get that done here.
[52:49.600 --> 52:58.840]  Apparently, I'm in Texas and in Texas, in criminal, there's not really a motion for
[52:58.840 --> 53:07.360]  new trial as such, the way there is in civil, so we can't think of it the same way.
[53:07.360 --> 53:14.640]  Since there was a jury verdict and not a verdict in a civil case, you generally have a judge,
[53:14.640 --> 53:25.440]  you can't have a jury, but in criminal jury verdict, the jury verdict is generally pretty
[53:25.440 --> 53:34.840]  well respected, unless here you would accuse the court of denying evidence to the jury
[53:34.840 --> 53:43.200]  and ask them, ask the court to dismiss notwithstanding the verdict, but in any case, you need to
[53:43.200 --> 53:54.960]  develop a brief and this brief will set you down the road towards your appeal anyway.
[53:54.960 --> 54:02.080]  The brief in the form of findings of fact and conclusions at law.
[54:02.080 --> 54:10.360]  You show the court these are the facts, this is the law and the facts are that the court
[54:10.360 --> 54:18.400]  denied the jury access to the affirmative defenses that you had available to you and
[54:18.400 --> 54:26.840]  that amounts to a constitutional violation and it denied you due process, so the court
[54:26.840 --> 54:30.280]  has good cause to reverse the verdict.
[54:30.280 --> 54:37.880]  Am I making sense or am I just struggling here?
[54:37.880 --> 54:48.280]  I understand what you're saying, you're saying that find the argument in the cases that have
[54:48.280 --> 54:55.640]  passed already and make a brief of the same incidences that occurred in my case and say
[54:55.640 --> 55:02.880]  that this case rules that when this happens, this happens and this happened in my case,
[55:02.880 --> 55:10.320]  the opposite testifies to this and this and this, which means that this case.
[55:10.320 --> 55:18.880]  These certain elements were not present and the prosecution has to prove all these elements,
[55:18.880 --> 55:23.600]  these elements were not proven, they're not present in the accusation, therefore you have
[55:23.600 --> 55:26.880]  a right to dismissal, something on that order.
[55:26.880 --> 55:35.000]  You create a findings of fact and conclusions at law because the judge has a duty to determine
[55:35.000 --> 55:38.920]  the facts in accordance with the rules of evidence that apply the law as it comes to
[55:38.920 --> 55:42.880]  him to the facts in the case, so you have to give him facts in law.
[55:42.880 --> 55:43.880]  Okay.
[55:43.880 --> 55:50.400]  Give him a nice brief and what that's going to also tell the judge is you're already way
[55:50.400 --> 55:52.360]  down the road on appeal.
[55:52.360 --> 56:00.480]  If you have good facts in law, odds are this judge is going to get overturned, especially
[56:00.480 --> 56:10.120]  if in your brief you use language that makes it clear that you feel as though you've been
[56:10.120 --> 56:21.160]  profiled, subjected to special treatment because of race, pull out all these cards you got
[56:21.160 --> 56:26.200]  available, doesn't matter if he actually did that or not, you can accuse him of it, make
[56:26.200 --> 56:27.200]  him look bad.
[56:27.200 --> 56:34.320]  It's all political in the end anyway and if he's ruled in a way that the court of appeals
[56:34.320 --> 56:44.960]  is likely to overturn his ruling, then most judges don't want to be overturned.
[56:44.960 --> 56:49.800]  So if he looks at your work and it looks like something you had presented to the court of
[56:49.800 --> 56:55.400]  appeals and he would be concerned they might agree with you, he may well actually change
[56:55.400 --> 56:57.960]  something although I doubt it.
[56:57.960 --> 57:05.960]  Can I file an insufficient counsel against my, can I file a still file an insufficient
[57:05.960 --> 57:10.440]  counsel and challenge subject matter jurisdiction?
[57:10.440 --> 57:17.560]  Okay, insufficient assistance of counsel, was your counsel lead counsel?
[57:17.560 --> 57:18.560]  Yes.
[57:18.560 --> 57:24.520]  Until the day of trial when I dismissed him.
[57:24.520 --> 57:29.560]  Okay, yeah, you can certainly do that.
[57:29.560 --> 57:36.400]  Now if you had had counsel as second chair, you couldn't do that.
[57:36.400 --> 57:41.040]  But if he was first chair until the day of trial, you absolutely can do that.
[57:41.040 --> 57:47.240]  And that is a claim, well, the Jeff from Mississippi who calls it, he got his overturned on appeal
[57:47.240 --> 57:53.920]  because of that and then he went back to trial.
[57:53.920 --> 57:59.960]  So on the insufficient counsel, I could write all the motions that I asked him to turn down
[57:59.960 --> 58:02.080]  to submit and he did not submit?
[58:02.080 --> 58:03.080]  Absolutely, absolutely.
[58:03.080 --> 58:08.720]  And you should bar-grieve the crapola out of him.
[58:08.720 --> 58:13.120]  Can I still file a habeas corpus on this case?
[58:13.120 --> 58:16.960]  No, not at this point.
[58:16.960 --> 58:21.520]  But there's already been an adjudication, so habeas corpus is not appropriate.
[58:21.520 --> 58:24.680]  I'll explain that when I come back.
[58:24.680 --> 58:31.520]  This is Randy Kelton, Reel Well Radio, I called it number 512-646-1984.
[58:31.520 --> 58:36.120]  This is the top of the hour break, so it's a good time to go check out our sponsors.
[58:36.120 --> 58:39.880]  We're kind of running short on income for the network and we need all the help we can
[58:39.880 --> 58:40.880]  get.
[58:40.880 --> 58:50.280]  We'll be right back.
[58:50.280 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.600]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:00.960]  can really help.
[59:00.960 --> 59:05.400]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.320]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.440]  to know God and to know the meaning of life.
[59:13.440 --> 59:18.680]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.680 --> 59:22.960]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.880]  of salvation, growing in Christ, and how to build up the church.
[59:27.880 --> 59:32.880]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.880 --> 59:45.640]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.640 --> 59:48.680]  us online at bfa.org.
[59:48.680 --> 01:00:02.680]  Live, free speech radio, logosradionetwork.com.
[01:00:02.680 --> 01:00:07.880]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:07.880 --> 01:00:10.520]  bulletins for the commodities market.
[01:00:10.520 --> 01:00:23.400]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:23.400 --> 01:00:28.240]  Markets for Wednesday the 30th of November 2016 are currently trading with gold at $1,173
[01:00:28.240 --> 01:00:37.040]  an ounce, silver at $16.47 an ounce, Texas crude at $45.23 a barrel, and bitcoin is currently
[01:00:37.040 --> 01:00:46.120]  sitting at about $742 U.S. currency.
[01:00:46.120 --> 01:00:53.240]  Today in history, the year 1998, Exxon and Mobil signed a $73.7 billion merger agreement,
[01:00:53.240 --> 01:01:02.480]  in effect creating Exxon Mobil, the world's largest company, today in history.
[01:01:02.480 --> 01:01:07.920]  In recent news, Abdul Razak Ali Artan, a Somalian born U.S. resident and student at Ohio State
[01:01:07.920 --> 01:01:11.840]  University, drove into a group of people and started stabbing them before he was fatally
[01:01:11.840 --> 01:01:14.920]  shot by a university officer Monday morning.
[01:01:14.920 --> 01:01:18.000]  Eleven people were injured, including one in critical condition.
[01:01:18.000 --> 01:01:21.920]  Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:01:21.920 --> 01:01:26.920]  The university issued a series of tweets warning students that there was an active shooter,
[01:01:26.920 --> 01:01:29.840]  causing confusion on campus near the engineering building.
[01:01:29.840 --> 01:01:34.520]  It was Officer Alan Haruchko who fatally shot Abdul Artan after he drove over a curb and
[01:01:34.520 --> 01:01:38.120]  then got out of his vehicle and began attacking people with a butcher knife.
[01:01:38.120 --> 01:01:42.600]  Luckily, the officer was able to respond quickly since he was already nearby because of a gas
[01:01:42.600 --> 01:01:43.920]  leak in the area.
[01:01:43.920 --> 01:01:48.520]  Columbus Police Chief Tim Jacobs, when asked if it was considered a terrorist attack, said,
[01:01:48.520 --> 01:01:52.320]  quote, I think we have to consider that it is, federal law enforcement officials have
[01:01:52.320 --> 01:01:56.800]  recently brought attention to concerns of terrorist propaganda, which encourages knife
[01:01:56.800 --> 01:02:06.040]  and car attacks because they're easier to pull off than bombings.
[01:02:06.040 --> 01:02:10.200]  The Texas legislator approved new rules this week, which go into effect on December 19th,
[01:02:10.200 --> 01:02:14.540]  requiring facilities which perform abortions to bury the fetal remains instead of disposing
[01:02:14.540 --> 01:02:18.280]  them in a sanitary landfill like other forms of biological medical waste.
[01:02:18.280 --> 01:02:22.360]  The new regulations do allow for the option of the fetal remains being stemmed disinfected
[01:02:22.360 --> 01:02:23.360]  beforehand.
[01:02:23.360 --> 01:02:28.320]  Texas Governor wrote in an email back in July, which the Tribune published in full, that,
[01:02:28.320 --> 01:02:32.400]  quote, I believe it is imperative to establish higher standards that reflect our respect
[01:02:32.400 --> 01:02:33.760]  for the sanctity of life.
[01:02:33.760 --> 01:02:37.520]  This is why Texas will require clinics and hospitals to bury or cremate human and fetal
[01:02:37.520 --> 01:02:38.520]  remains.
[01:02:38.520 --> 01:02:42.480]  I don't believe human and fetal remains should be treated like medical waste and disposed
[01:02:42.480 --> 01:02:44.080]  of in landfills.
[01:02:44.080 --> 01:02:48.160]  Indiana and Louisiana passed similar measures this year, however, neither state has put
[01:02:48.160 --> 01:02:51.640]  the new rules into effect amid continuing legal challenges.
[01:03:19.160 --> 01:03:24.160]  These warm hands are come by that term rightly
[01:03:28.160 --> 01:03:31.160]  I won't pay for the war with my body
[01:03:31.160 --> 01:03:34.160]  Ain't gonna pay for the car with my money
[01:03:34.160 --> 01:03:38.160]  I won't pay for the fun with my body
[01:03:38.160 --> 01:03:41.160]  They're friends wicked and they're logic shoddy
[01:03:41.160 --> 01:03:45.160]  Ain't gonna pay for the oil with my body
[01:03:45.160 --> 01:03:48.160]  I won't pay for the poison with my money
[01:03:48.160 --> 01:03:52.160]  Ain't gonna pay for the kids with my body
[01:03:52.160 --> 01:03:55.160]  The whole agenda smells funny
[01:03:55.160 --> 01:04:00.160]  I wanna fight in a war of my own
[01:04:02.160 --> 01:04:07.160]  That one would be less accident prone
[01:04:07.160 --> 01:04:14.160]  I wanna pay for a war of my own
[01:04:14.160 --> 01:04:21.160]  They live in glass houses so I can watch them grow bone
[01:04:21.160 --> 01:04:25.160]  I wanna fight in a war I can win
[01:04:25.160 --> 01:04:27.160]  I can never win no one
[01:04:27.160 --> 01:04:29.160]  And they have me in
[01:04:29.160 --> 01:04:32.160]  That one I lose one before it begins
[01:04:32.160 --> 01:04:36.160]  I wanna pay for a war I can win
[01:04:36.160 --> 01:04:41.160]  Okay, we are back, Randy Kelton with La Radio
[01:04:41.160 --> 01:04:45.160]  and we're talking to Olivier in Tennessee.
[01:04:46.160 --> 01:04:51.160]  Okay, so you need to file a
[01:04:51.160 --> 01:04:56.160]  essentially a finding fact and conclusions at law.
[01:04:56.160 --> 01:05:01.160]  So where are we now? What other questions?
[01:05:01.160 --> 01:05:03.160]  I'm a little confused.
[01:05:03.160 --> 01:05:08.160]  You told me, I said would I be able to file a habeas corpus
[01:05:08.160 --> 01:05:12.160]  I thought a habeas corpus was for any illegal sentence
[01:05:12.160 --> 01:05:14.160]  that could not stand on its own.
[01:05:14.160 --> 01:05:16.160]  No, this is not illegal.
[01:05:16.160 --> 01:05:19.160]  You've had an adjudication before a court.
[01:05:19.160 --> 01:05:25.160]  Now, you don't feel as though the adjudication was fair and proper
[01:05:25.160 --> 01:05:31.160]  but that's a different issue than being illegally arrested and detained.
[01:05:31.160 --> 01:05:37.160]  Once you've been before the court and there's been an adjudication
[01:05:37.160 --> 01:05:43.160]  you can no longer claim that the arrest and detention is illegal.
[01:05:46.160 --> 01:05:48.160]  Okay.
[01:05:48.160 --> 01:05:53.160]  So that's not an option you have at this point.
[01:05:53.160 --> 01:05:58.160]  I guess I read the information.
[01:05:58.160 --> 01:06:03.160]  So how would somebody be able to bring you a habeas corpus
[01:06:03.160 --> 01:06:06.160]  if the incident has passed already
[01:06:06.160 --> 01:06:09.160]  and they found out that something illegal happened?
[01:06:09.160 --> 01:06:10.160]  You can't.
[01:06:10.160 --> 01:06:18.160]  A habeas corpus is only for when you are being illegally detained.
[01:06:18.160 --> 01:06:23.160]  Once your case has been adjudicated it's no longer considered
[01:06:23.160 --> 01:06:26.160]  that you're being illegally detained.
[01:06:26.160 --> 01:06:30.160]  Even if you feel it was improperly adjudicated.
[01:06:30.160 --> 01:06:35.160]  So is there another post-conviction avenue?
[01:06:35.160 --> 01:06:37.160]  Well, there's appeal.
[01:06:37.160 --> 01:06:40.160]  There's just not habeas corpus relief for this.
[01:06:40.160 --> 01:06:43.160]  Habeas corpus is emergency relief.
[01:06:43.160 --> 01:06:50.160]  Okay, so focus all my attention, everything that I would have put in there in the appeal
[01:06:50.160 --> 01:06:55.160]  and draw that up in a brief of facts.
[01:06:55.160 --> 01:07:06.160]  Get a good effective statement of facts and application of law to those facts
[01:07:06.160 --> 01:07:12.160]  that show that you had a right to a different determination
[01:07:12.160 --> 01:07:18.160]  and primarily you want to go to what the judge excluded from the jury
[01:07:18.160 --> 01:07:30.160]  because that's what's going to give you the grounds to overturn the case.
[01:07:30.160 --> 01:07:35.160]  Okay, and can I still challenge subject matter jurisdiction
[01:07:35.160 --> 01:07:39.160]  while with the motion to a penalty trial?
[01:07:39.160 --> 01:07:43.160]  Absolutely.
[01:07:43.160 --> 01:07:48.160]  So fill out another separate motion with all other motions that have a subject matter?
[01:07:48.160 --> 01:07:52.160]  Well, you can put them all in one motion.
[01:07:52.160 --> 01:07:57.160]  You don't have to claim, write a separate motion for each issue.
[01:07:57.160 --> 01:08:03.160]  I'd like to because I want them treated individually.
[01:08:03.160 --> 01:08:07.160]  I've had experience with courts that if you put more than one thing in a motion
[01:08:07.160 --> 01:08:12.160]  they'll rule on one thing and simply ignore the rest.
[01:08:12.160 --> 01:08:14.160]  And then they'll claim they heard the motion.
[01:08:14.160 --> 01:08:20.160]  Now you've got to go back and argue the issue that they didn't hear everything in the motion.
[01:08:20.160 --> 01:08:25.160]  If you filed each one separately, then they have to treat each motion separately.
[01:08:25.160 --> 01:08:27.160]  So that's the way I generally do it.
[01:08:27.160 --> 01:08:33.160]  But it's not a requirement.
[01:08:33.160 --> 01:08:35.160]  Okay, but file them separately.
[01:08:35.160 --> 01:08:37.160]  That's what I would do, yes.
[01:08:37.160 --> 01:08:41.160]  Okay.
[01:08:41.160 --> 01:08:42.160]  All right.
[01:08:42.160 --> 01:08:46.160]  Now, last night my friend went home.
[01:08:46.160 --> 01:08:52.160]  He got in my car and went home and got stopped by the police officers.
[01:08:52.160 --> 01:09:02.160]  They followed him from my neighborhood to almost to his house off of maybe one of the major highways,
[01:09:02.160 --> 01:09:05.160]  and they stopped him.
[01:09:05.160 --> 01:09:10.160]  And then when they came to the car, they said, oh, he thought that he was,
[01:09:10.160 --> 01:09:15.160]  he thought that he was Monteserre Olivier and that's why he stopped him.
[01:09:15.160 --> 01:09:19.160]  And he let him go home.
[01:09:19.160 --> 01:09:24.160]  So now he called me and said, hey, these guys just stopped me.
[01:09:24.160 --> 01:09:31.160]  They said, I asked them for you to say that they stopped me because they thought that you were driving the car.
[01:09:31.160 --> 01:09:41.160]  Now, I called 911 trying to get the sergeant or whoever stopped my friend to figure out what's going on.
[01:09:41.160 --> 01:09:51.160]  In turn, they go to his house and they give him a ticket for driving on a suspended license.
[01:09:51.160 --> 01:09:55.160]  Was he driving on a suspended license?
[01:09:55.160 --> 01:09:58.160]  Was he driving on his suspended license?
[01:09:58.160 --> 01:10:07.160]  He has an out-of-state license. It's not suspended, but he's one of those.
[01:10:07.160 --> 01:10:19.160]  He's in the boat with me where he doesn't require a license to travel or drive.
[01:10:19.160 --> 01:10:20.160]  So, okay.
[01:10:20.160 --> 01:10:25.160]  The point was he didn't have a valid license.
[01:10:25.160 --> 01:10:29.160]  Is it valid in your state?
[01:10:29.160 --> 01:10:33.160]  Is it valid in New York State?
[01:10:33.160 --> 01:10:35.160]  Let me ask it a different way.
[01:10:35.160 --> 01:10:36.160]  Okay.
[01:10:36.160 --> 01:10:41.160]  Was it valid in New York State?
[01:10:41.160 --> 01:10:45.160]  I'm thinking it's still valid in his state.
[01:10:45.160 --> 01:10:49.160]  Oh, my goodness. He should go after them.
[01:10:49.160 --> 01:10:52.160]  That's retaliation.
[01:10:52.160 --> 01:10:57.160]  It says that it's not valid.
[01:10:57.160 --> 01:10:59.160]  It may not be valid in Tennessee.
[01:10:59.160 --> 01:11:08.160]  No, no. Every license for every state is valid in every state.
[01:11:08.160 --> 01:11:16.160]  If I drive from here to Tennessee, I don't have to get a Tennessee license, an Arkansas license.
[01:11:16.160 --> 01:11:27.160]  We understand that, but he had a court ticket or something, I guess he didn't pay, and they suspended his license, but the state didn't suspend his license.
[01:11:27.160 --> 01:11:34.160]  I guess Tennessee suspended his driving privileges.
[01:11:34.160 --> 01:11:39.160]  So how long has he been in Tennessee?
[01:11:39.160 --> 01:11:41.160]  Year and a half.
[01:11:41.160 --> 01:11:46.160]  Say that again. How long has he been in Tennessee?
[01:11:46.160 --> 01:11:47.160]  Year and a half.
[01:11:47.160 --> 01:11:49.160]  Okay, year and a half.
[01:11:49.160 --> 01:11:52.160]  Has he been stopped in Tennessee?
[01:11:52.160 --> 01:11:54.160]  Yes, before.
[01:11:54.160 --> 01:11:56.160]  Okay, wait.
[01:11:56.160 --> 01:12:01.160]  Does he still maintain a residence in New York?
[01:12:01.160 --> 01:12:04.160]  In another state. Does he still maintain a residence? No.
[01:12:04.160 --> 01:12:10.160]  You're supposed to say, oh, yeah, he goes back and forth all the time.
[01:12:10.160 --> 01:12:13.160]  We have someone in Georgia with the same issue.
[01:12:13.160 --> 01:12:28.160]  I am frankly uncomfortable with this issue of driving without a license because you claim you don't have to have one.
[01:12:28.160 --> 01:12:34.160]  I agree you don't have to have one, but I would never advise anybody to do that.
[01:12:34.160 --> 01:12:42.160]  I have a license, and I fight that issue differently.
[01:12:42.160 --> 01:12:47.160]  I don't risk six months in jail.
[01:12:47.160 --> 01:12:49.160]  I want them to have all the risk.
[01:12:49.160 --> 01:12:58.160]  When I get pulled over and they ask me for a driver's license, I tell them, yes, I have a driver's license, but I'm not using it right now.
[01:12:58.160 --> 01:13:00.160]  That's how I take on the issue.
[01:13:00.160 --> 01:13:18.160]  I am real uncomfortable with people winding up going to jail over this issue because it's really incredibly hard to fight directly because they got six months in jail hanging over you.
[01:13:18.160 --> 01:13:36.160]  When I fight it, they don't have squat because I got one, but I go after them for holding me to the statutory scheme when I maintain I don't fall under it.
[01:13:36.160 --> 01:13:41.160]  All the things you're filing, I file to challenge subject matter jurisdiction.
[01:13:41.160 --> 01:13:47.160]  I file that, but they don't have a shot at putting me in jail.
[01:13:47.160 --> 01:13:52.160]  So they don't have the leverage over me, they have over you.
[01:13:52.160 --> 01:14:13.160]  I would suggest that if you can get a license, do so, and use that to get these driving on an invalid license either dismissed or dealt down to something that won't risk your liberty.
[01:14:13.160 --> 01:14:24.160]  Then go back after them when they try to write you a citation because you're not using your license and therefore you don't fall under the statutory scheme.
[01:14:24.160 --> 01:14:27.160]  I just had a judge resign.
[01:14:27.160 --> 01:14:35.160]  My license in Virginia is valid. I just don't give it to them.
[01:14:35.160 --> 01:14:39.160]  Oh.
[01:14:39.160 --> 01:14:42.160]  Well, now that's interesting.
[01:14:42.160 --> 01:14:49.160]  And you do go back and forth. You do maintain a residency in Virginia and Tennessee, right?
[01:14:49.160 --> 01:14:50.160]  Yeah.
[01:14:50.160 --> 01:14:56.160]  So you still have your Virginia license.
[01:14:56.160 --> 01:14:58.160]  Let me make the suggestion.
[01:14:58.160 --> 01:15:04.160]  Take your liberty off the table.
[01:15:04.160 --> 01:15:22.160]  Give them that valid license, get the case thrown out, then go after them for illegally prosecuting you when you didn't fall under the statute to begin with.
[01:15:22.160 --> 01:15:35.160]  It's valid there, but they're saying that Tennessee suspended it because of what the Tennessee suspended for.
[01:15:35.160 --> 01:15:50.160]  No, I beat that. No, they said that California or some other state suspended my VA or my Virginia's license.
[01:15:50.160 --> 01:15:52.160]  Some other state.
[01:15:52.160 --> 01:15:55.160]  California can't suspend your license.
[01:15:55.160 --> 01:16:04.160]  South Carolina suspended my Virginia license or something like that, and it's showing up in their system as suspended.
[01:16:04.160 --> 01:16:09.160]  So you can't drive in South Carolina with it. So what?
[01:16:09.160 --> 01:16:13.160]  But they're saying that I also can't drive in here in Tennessee.
[01:16:13.160 --> 01:16:23.160]  Okay, there may be some reciprocity laws I'm not familiar with.
[01:16:23.160 --> 01:16:27.160]  Was this a CDL license?
[01:16:27.160 --> 01:16:29.160]  No.
[01:16:29.160 --> 01:16:49.160]  Okay, this gets into complex areas of law that I would have to read the exact statute. So there is some reciprocity, but it does not seem correct that a foreign state can suspend Virginia's license.
[01:16:49.160 --> 01:16:59.160]  That doesn't seem in. Okay, we're going to break. We'll pick this up on the other side, and we'll be right back.
[01:17:20.160 --> 01:17:22.160]  How can I help Logos?
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[01:17:58.160 --> 01:18:00.160]  Happy holidays, Logos.
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[01:19:01.160 --> 01:19:11.160]  This is the Logos Radio Network.
[01:19:31.160 --> 01:19:45.160]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[01:19:45.160 --> 01:19:52.160]  Olivier, is there any way you could reinstate your license?
[01:19:52.160 --> 01:20:07.160]  Whatever ticket South Carolina says is suspended, and they don't have to pay that. They can pay another 180, which when I call Virginia, my license is valid.
[01:20:07.160 --> 01:20:17.160]  Wait a minute. Say that again. You're saying that it's only suspended for lack of payment of a ticket?
[01:20:17.160 --> 01:20:36.160]  Oh, in some other states. When I call Virginia, it's valid. When I check it, it's valid. But when they're saying that some ticket in South Carolina is holding my license in the suspended state.
[01:20:36.160 --> 01:20:54.160]  Okay, you need to find the law that authorizes—there has to be some kind of reciprocity agreement between the states, and you might challenge the reciprocity agreements because this goes to separation.
[01:20:54.160 --> 01:21:08.160]  This goes to the separation of the states. North Carolina is a sovereign nation, and Texas is a sovereign nation. Tennessee is a sovereign nation. They're sovereign states.
[01:21:08.160 --> 01:21:24.160]  We use states similarly to the way we use counties, and we tend to grow up thinking of states as part of a larger overall governing body. They're not.
[01:21:24.160 --> 01:21:45.160]  Each state is a sovereign nation all on its own, and those sovereign nations have entered into an agreement with a federal entity and have employed that federal entity to provide certain services to the individual nations.
[01:21:45.160 --> 01:22:13.160]  So to say that North Carolina can cancel your license in Virginia would interfere with the sovereignty of Virginia. There has to be some agreement, and I don't see how they can make that work.
[01:22:13.160 --> 01:22:36.160]  Okay, well, I guess that's why it's not working because Virginia is not saying that my license is suspended. But I see all these views that you're coming at, but if you're teaching this part of law, why would I need to adjust and get a license if I'm not going to be using it in the first place?
[01:22:36.160 --> 01:22:59.160]  Well, in the real world you and I live in, you can address this issue much better if you're not in jail, and you can fight the issue much better if your liberty is not at stake. There are a lot of things that I could take on.
[01:22:59.160 --> 01:23:08.160]  Okay, is there another way that I could correct that without, through other procedures like...
[01:23:08.160 --> 01:23:23.160]  Oh, if you have a license like I do, and they come after you, they write you a ticket when you have a license, you can land on them like a ton of bricks and they got no way of coming back at you.
[01:23:23.160 --> 01:23:40.160]  Well, my license is currently valid every time I've been in the Boston prison, and every time they stop me, it's valid. They just don't acknowledge it because their system says that it's not valid.
[01:23:40.160 --> 01:23:52.160]  Then this is a good case to take on. Did you raise the issue of having a valid license in this current trial?
[01:23:52.160 --> 01:23:53.160]  In the trial?
[01:23:53.160 --> 01:23:57.160]  Oh, this trial wasn't about driving on an invalid license, was it?
[01:23:57.160 --> 01:24:14.160]  Yeah, I've got them all dismissed. I got those dismissed, but they're still pulling me over even while I'm suing the other cops. The other cops that I've sued haven't pulled me over again, but now another set of cops are...
[01:24:14.160 --> 01:24:22.160]  You should take this, you should take that issue to the feds.
[01:24:22.160 --> 01:24:28.160]  Okay. Did you look up 28 USC 535?
[01:24:28.160 --> 01:24:36.160]  28 USC...
[01:24:36.160 --> 01:24:38.160]  2535?
[01:24:38.160 --> 01:24:40.160]  535.
[01:24:40.160 --> 01:24:43.160]  535, you don't have it, 535.
[01:24:43.160 --> 01:24:54.160]  Okay. When you file a complaint against a public official with the FBI, they're required to give to the Attorney General. Now that may only apply to federal officials.
[01:24:54.160 --> 01:25:11.160]  I haven't tested it that far yet, but you certainly should file against these guys with the FBI, accusing them of violating the Ku Klux Klan Act.
[01:25:11.160 --> 01:25:17.160]  Matter of fact, you're not far from Pulaski, Tennessee.
[01:25:17.160 --> 01:25:21.160]  That was the birthplace of the Klan.
[01:25:21.160 --> 01:25:29.160]  And 18 U.S. Code 242 is the Ku Klux Klan Act, so is 42 U.S. Code 1983.
[01:25:29.160 --> 01:25:37.160]  For those who don't know, 42 U.S. Code 1983, that's the statute that allows you to sue a public official.
[01:25:37.160 --> 01:25:48.160]  18 U.S. Code 242 makes it a crime for an official to exert or purport to exert an authority he doesn't have or fail to perform a duty he's required to perform.
[01:25:48.160 --> 01:25:56.160]  And in this case, they're exerting an authority they don't have in order to deny you due process.
[01:25:56.160 --> 01:26:02.160]  That's a federal crime, and you should be filing federal charges against them.
[01:26:02.160 --> 01:26:04.160]  The police officers?
[01:26:04.160 --> 01:26:07.160]  Yeah.
[01:26:07.160 --> 01:26:10.160]  They're screwed.
[01:26:10.160 --> 01:26:12.160]  Screws, V-U-S.
[01:26:12.160 --> 01:26:16.160]  Let me look that one up. You will like that one.
[01:26:16.160 --> 01:26:40.160]  It goes to when an official performs an act that has already been ruled improper, then his only defense is that he's insane because it says that if a public official violates, I'm sorry, let me back up a little bit.
[01:26:40.160 --> 01:26:46.160]  It says a private citizen cannot claim ignorance of the law as a defense to prosecution.
[01:26:46.160 --> 01:26:50.160]  A public official is held to a much standard.
[01:26:50.160 --> 01:26:58.160]  If a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[01:26:58.160 --> 01:27:02.160]  You should go after these guys in the federal court.
[01:27:02.160 --> 01:27:07.160]  Okay, so file suit in federal court and figure out.
[01:27:07.160 --> 01:27:13.160]  No, no, file criminally with the federal court.
[01:27:13.160 --> 01:27:16.160]  File criminally with the federal court.
[01:27:16.160 --> 01:27:18.160]  Under 28.
[01:27:18.160 --> 01:27:24.160]  18 U.S. Code 2.
[01:27:24.160 --> 01:27:28.160]  Let's see.
[01:27:28.160 --> 01:27:32.160]  18 U.S. Code 242.
[01:27:32.160 --> 01:27:39.160]  That is the federal version of the official misconduct statute.
[01:27:39.160 --> 01:27:43.160]  I'm sure you have an official misconduct statute in Tennessee.
[01:27:43.160 --> 01:27:45.160]  We have one in Texas.
[01:27:45.160 --> 01:27:48.160]  It's 39.03.
[01:27:48.160 --> 01:27:50.160]  In Texas, we have two.
[01:27:50.160 --> 01:27:58.160]  We have official misconduct that goes to misuse of public funds or public property.
[01:27:58.160 --> 01:28:07.160]  We have official oppression, which is the one that says if a public official exerts or purports to exert an authority,
[01:28:07.160 --> 01:28:13.160]  he does not expressly have or fails to perform a duty he is required to perform
[01:28:13.160 --> 01:28:19.160]  and in the process denies a citizen in the full and free access to her enjoyment of a right.
[01:28:19.160 --> 01:28:23.160]  That's a Class A misdemeanor in the Fed after you're in jail.
[01:28:23.160 --> 01:28:27.160]  You should file this against each one of those police officers.
[01:28:27.160 --> 01:28:31.160]  And against the chief of police with the feds.
[01:28:31.160 --> 01:28:36.160]  Now, they may figure they're pretty well protected by the state courts,
[01:28:36.160 --> 01:28:42.160]  but they're not going to feel like they have that protection in the Fed.
[01:28:42.160 --> 01:28:53.160]  The only thing that keeps them from getting arrested in the Fed or getting prosecuted in the Fed is if it is not politically expedient.
[01:28:53.160 --> 01:29:06.160]  And right now, in January, every U.S. attorney in the country will be required to submit his resignation to the president.
[01:29:06.160 --> 01:29:09.160]  And the president decides whether he accepts it or not.
[01:29:09.160 --> 01:29:15.160]  Now is a good time to file criminal charges against these guys with the U.S. attorney
[01:29:15.160 --> 01:29:23.160]  to get the U.S. attorney to refuse to act on it and then file against the U.S. attorney with the attorney general in D.C.
[01:29:23.160 --> 01:29:32.160]  So the incoming attorney general, one of the first things he gets on his desk are criminal charges against his local U.S. attorney.
[01:29:32.160 --> 01:29:40.160]  So if Trump wants to pay some political favors and appoint some lawyers as U.S. attorneys,
[01:29:40.160 --> 01:29:45.160]  he's got somebody he can toss and he's got a reason to do it.
[01:29:45.160 --> 01:29:47.160]  Everything is political.
[01:29:47.160 --> 01:29:48.160]  Hang on.
[01:29:48.160 --> 01:29:49.160]  Going to break.
[01:29:49.160 --> 01:29:51.160]  We'll be right back.
[01:29:51.160 --> 01:29:55.160]  Radio, I call it number 512-646-1984.
[01:29:55.160 --> 01:30:02.160]  We'll be right back.
[01:30:02.160 --> 01:30:04.160]  Hey, what's that smell?
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[01:30:13.160 --> 01:30:16.160]  I'm Dr. Catherine Albrecht and I'll have details in a moment.
[01:30:16.160 --> 01:30:18.160]  Privacy is under attack.
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[01:33:26.160 --> 01:33:27.160]  Okay, we are back.
[01:33:27.160 --> 01:33:32.160]  Randy Kelton of Rudogel Radio, and we're talking to Olivier in Texas.
[01:33:32.160 --> 01:33:33.160]  Okay, Olivier.
[01:33:33.160 --> 01:33:35.160]  I'm in Tennessee.
[01:33:35.160 --> 01:33:37.160]  I'm sorry, Texas.
[01:33:37.160 --> 01:33:39.160]  I keep saying Tennessee.
[01:33:39.160 --> 01:33:43.160]  Let me interject something right quick because I know you're going to sum it up,
[01:33:43.160 --> 01:33:45.160]  but I want you to have some more information.
[01:33:45.160 --> 01:33:51.160]  I reached out to the community and talked to the council members and everybody else
[01:33:51.160 --> 01:33:58.160]  and finally ended up speaking to someone, I guess, the director of the NAACP.
[01:33:58.160 --> 01:34:05.160]  And he told me to send me some forms to put out information in there
[01:34:05.160 --> 01:34:11.160]  because I told him about them not allowing us to fill out complaints
[01:34:11.160 --> 01:34:15.160]  after we got our case adjudicated in our favor.
[01:34:15.160 --> 01:34:22.160]  And plus the incidences that have been happening, plus the one that happened last night.
[01:34:22.160 --> 01:34:27.160]  So he's told me that to get the information, he was going to take me,
[01:34:27.160 --> 01:34:35.160]  call and get an appointment to go into the chief of the police department
[01:34:35.160 --> 01:34:49.160]  and get my point across to the chief of police and be there to verify that I've done that.
[01:34:49.160 --> 01:34:52.160]  And I'm relating that to you.
[01:34:52.160 --> 01:34:55.160]  Would that make any type of difference?
[01:34:55.160 --> 01:34:56.160]  Oh, yes.
[01:34:56.160 --> 01:35:00.160]  This is the routine.
[01:35:00.160 --> 01:35:06.160]  You're not thinking about it in terms of getting your point across to the chief.
[01:35:06.160 --> 01:35:09.160]  The chief is not your mama.
[01:35:09.160 --> 01:35:13.160]  You don't have to kowtow to the chief.
[01:35:13.160 --> 01:35:15.160]  The chief has a duty.
[01:35:15.160 --> 01:35:24.160]  So yes, go to the chief, but not for the purpose of getting him to agree with you.
[01:35:24.160 --> 01:35:29.160]  Remember my rule, never ask a public official to do anything you actually want him to do.
[01:35:29.160 --> 01:35:32.160]  You go to the chief so that when you go to the feds,
[01:35:32.160 --> 01:35:38.160]  you can go to the feds against the chief and accuse the chief of sending them out to do this
[01:35:38.160 --> 01:35:42.160]  because when you gave the chief notice of what they were doing,
[01:35:42.160 --> 01:35:47.160]  he upheld and contoned their behavior.
[01:35:47.160 --> 01:35:52.160]  Each one you talk to is for the purpose of bringing them in.
[01:35:52.160 --> 01:35:55.160]  It's all politics.
[01:35:55.160 --> 01:36:03.160]  So going to the meeting with the director of the NAACP
[01:36:03.160 --> 01:36:09.160]  and letting him do the schedule and bringing me to the chief, putting out,
[01:36:09.160 --> 01:36:13.160]  because I explained he thought I was kind of off, too,
[01:36:13.160 --> 01:36:19.160]  but after I let him down the path of transportation and the laws and the understanding of rights
[01:36:19.160 --> 01:36:23.160]  and I have the right to locomotion, he got the gist of it.
[01:36:23.160 --> 01:36:25.160]  And he was like, oh.
[01:36:25.160 --> 01:36:31.160]  And then after I told him to use that to arrest me and knock down my house,
[01:36:31.160 --> 01:36:34.160]  that's when it kind of, I think, it kind of bored him over like,
[01:36:34.160 --> 01:36:38.160]  okay, well, we need to do something about this.
[01:36:38.160 --> 01:36:39.160]  Oh, wonderful.
[01:36:39.160 --> 01:36:43.160]  Okay, if you can get him to go into the chief with you,
[01:36:43.160 --> 01:36:48.160]  the chief is going to want a written statement.
[01:36:48.160 --> 01:36:59.160]  When you give the chief a verified affidavit accusing his officers of committing crimes,
[01:36:59.160 --> 01:37:04.160]  the chief is bound to his duty to enforce law.
[01:37:04.160 --> 01:37:11.160]  When the chief doesn't, the NAACP gives you reasonable probable cause
[01:37:11.160 --> 01:37:17.160]  to believe that these officers are acting in the name of the chief.
[01:37:17.160 --> 01:37:24.160]  Are you familiar with the term respondeat superior?
[01:37:24.160 --> 01:37:28.160]  No, but I think I've seen something like that in 1983.
[01:37:28.160 --> 01:37:37.160]  Okay, respondeat superior, you are responsible for what your subordinates do.
[01:37:37.160 --> 01:37:40.160]  That's what respondeat superior goes to.
[01:37:40.160 --> 01:37:47.160]  So as far as you're concerned, the police officers don't work for you.
[01:37:47.160 --> 01:37:50.160]  The chief doesn't work for you.
[01:37:50.160 --> 01:37:53.160]  The chief works for the mayor.
[01:37:53.160 --> 01:37:57.160]  And the police officers work for the police chief.
[01:37:57.160 --> 01:38:00.160]  The mayor works for you.
[01:38:00.160 --> 01:38:02.160]  You're the sovereign.
[01:38:02.160 --> 01:38:09.160]  So you go into the chief and give him notice of crime by his subordinates.
[01:38:09.160 --> 01:38:16.160]  If he does not take immediate action, then you charge him as respondeat superior
[01:38:16.160 --> 01:38:22.160]  for what his subordinates are doing, and that is not going to make him a happy camper.
[01:38:22.160 --> 01:38:31.160]  Is it like an affidavit that you turn into the courts about a record or another type of affidavit?
[01:38:31.160 --> 01:38:33.160]  It's a statement of facts.
[01:38:33.160 --> 01:38:39.160]  But what you want to give to the chief is you adjust that statement of facts
[01:38:39.160 --> 01:38:49.160]  to specifically accuse the officers of violating a particular law.
[01:38:49.160 --> 01:38:56.160]  The facts, and then by these actions, it is a criminal complaint.
[01:38:56.160 --> 01:38:58.160]  Just hand him the criminal complaint.
[01:38:58.160 --> 01:39:02.160]  That's his affidavit.
[01:39:02.160 --> 01:39:09.160]  He wants you to write a voluntary statement, fill out the voluntary statement,
[01:39:09.160 --> 01:39:16.160]  and slide that criminal complaint in behind it and hand them both to him at the same time.
[01:39:16.160 --> 01:39:20.160]  And almost certainly what he's going to do, he's going to fill that paper in the back
[01:39:20.160 --> 01:39:22.160]  and take it out and say, what is this?
[01:39:22.160 --> 01:39:25.160]  Well, that's a verified criminal affidavit.
[01:39:25.160 --> 01:39:28.160]  And I've had more than one say, well, I'm not going to take this.
[01:39:28.160 --> 01:39:32.160]  Sorry, Bubba, you touched it. It sticks.
[01:39:32.160 --> 01:39:34.160]  Well, I'm just going to throw it out.
[01:39:34.160 --> 01:39:35.160]  You do whatever you want to.
[01:39:35.160 --> 01:39:39.160]  I don't care because now you get to go to the feds
[01:39:39.160 --> 01:39:46.160]  and tell the feds that you put a verified criminal affidavit in the police chief's hands
[01:39:46.160 --> 01:39:54.160]  and he threw it in the trash in order to shield his officers from prosecution.
[01:39:54.160 --> 01:40:01.160]  In Texas, that's 3805 Penal Code and it's a felony.
[01:40:01.160 --> 01:40:06.160]  It's a verified affidavit.
[01:40:06.160 --> 01:40:12.160]  Okay, while you're writing, and the point is, is when you do, you just want to make,
[01:40:12.160 --> 01:40:15.160]  this is your little tar baby.
[01:40:15.160 --> 01:40:18.160]  You want him to stick to it.
[01:40:18.160 --> 01:40:21.160]  So here you go, chief. Here's my little tar baby.
[01:40:21.160 --> 01:40:22.160]  You want to touch it? Go ahead.
[01:40:22.160 --> 01:40:24.160]  Touch it. Go ahead.
[01:40:24.160 --> 01:40:27.160]  Don't do what I'm asking you to do.
[01:40:27.160 --> 01:40:34.160]  Then I get to take you to the next guy and get the next guy to touch it like the mayor.
[01:40:34.160 --> 01:40:38.160]  You should certainly take your criminal complaints against the chief of police.
[01:40:38.160 --> 01:40:44.160]  Once you've been to the chief, take your complaints against the chief to the mayor
[01:40:44.160 --> 01:40:52.160]  because the chief works for the mayor and the mayor is a magistrate.
[01:40:52.160 --> 01:41:00.160]  He's the lowest one on the totem pole and oft times they forget that they are magistrates.
[01:41:00.160 --> 01:41:08.160]  You put those criminal complaints in his hand, you invoke the same duty you invoked with the chief.
[01:41:08.160 --> 01:41:16.160]  I'm banned from going up to the mayor's office because I filed suit against him already.
[01:41:16.160 --> 01:41:21.160]  Wait a minute, they're denying you access to a public office?
[01:41:21.160 --> 01:41:27.160]  Yeah, unless I send someone out there to give her another lawsuit,
[01:41:27.160 --> 01:41:31.160]  that's the only time they want to cooperate.
[01:41:31.160 --> 01:41:35.160]  You don't care if they cooperate or not.
[01:41:35.160 --> 01:41:46.160]  Don't go there, send it to him, certified mail, returned receipt.
[01:41:46.160 --> 01:41:48.160]  Okay, a verified complaint.
[01:41:48.160 --> 01:41:51.160]  The same one that I give to the office.
[01:41:51.160 --> 01:42:00.160]  No, I suggest you never let them see you because they want to mess with you if they see you.
[01:42:00.160 --> 01:42:06.160]  You send the chief, if you go to see the chief with this lawyer, that's fine.
[01:42:06.160 --> 01:42:09.160]  They won't mess with you with a lawyer there.
[01:42:09.160 --> 01:42:15.160]  But if the chief doesn't act, then you send a verified complaint by certified mail to the mayor.
[01:42:15.160 --> 01:42:17.160]  Don't go down there.
[01:42:17.160 --> 01:42:21.160]  Well, if he takes me to the mayor office, go with him to the mayor?
[01:42:21.160 --> 01:42:23.160]  Oh, yeah.
[01:42:23.160 --> 01:42:29.160]  If you think that might happen, then make sure you take a set of complaints for the mayor.
[01:42:29.160 --> 01:42:36.160]  But the complaints for the mayor will not be against the police officers.
[01:42:36.160 --> 01:42:46.160]  It will be against the chief for official misconduct for failing to act on the complaints against his officers.
[01:42:46.160 --> 01:42:49.160]  Okay, official misconduct.
[01:42:49.160 --> 01:42:53.160]  This is how you stack them up.
[01:42:53.160 --> 01:43:01.160]  And then when the mayor doesn't act, you go to the feds with a criminal complaint against the mayor for not acting against the chief.
[01:43:01.160 --> 01:43:08.160]  And I assure you, the mayor is not going to be a happy camper.
[01:43:08.160 --> 01:43:09.160]  Okay.
[01:43:09.160 --> 01:43:22.160]  When he's having to answer to an FBI agent over criminal complaints about something that he didn't do, he is not going to be happy.
[01:43:22.160 --> 01:43:25.160]  Remember, it's all politics.
[01:43:25.160 --> 01:43:39.160]  Remember to file an affidavit to them and then use the federal court criminal system against the officers and the mayor.
[01:43:39.160 --> 01:43:41.160]  Exactly.
[01:43:41.160 --> 01:43:46.160]  How would you feel if the feds were coming after you?
[01:43:46.160 --> 01:43:47.160]  Okay.
[01:43:47.160 --> 01:43:50.160]  Do we have anything else for you, Olivier?
[01:43:50.160 --> 01:43:53.160]  I think I'm going to look over that.
[01:43:53.160 --> 01:43:54.160]  Okay, wait a minute.
[01:43:54.160 --> 01:43:56.160]  We've got to go to break.
[01:43:56.160 --> 01:44:21.160]  We'll be right back.
[01:44:26.160 --> 01:44:48.160]  Okay.
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[01:46:02.160 --> 01:46:22.160]  Okay, we are back.
[01:46:22.160 --> 01:46:27.160]  Randy Kelton, Rule of Law Radio, and we're finishing up with Olivier.
[01:46:27.160 --> 01:46:36.160]  Olivier, it is absolutely time that you started walking these guys through the system.
[01:46:36.160 --> 01:46:38.160]  And you will find this interesting.
[01:46:38.160 --> 01:46:45.160]  This is where you really begin to see what I like to call that little chicken dance,
[01:46:45.160 --> 01:46:57.160]  where you got these guys shifted from one foot to the other and say, well, Mr. Olivier, blah, blah, blah, politics.
[01:46:57.160 --> 01:47:06.160]  Stop thinking totally in terms of law and shift gears to politics.
[01:47:06.160 --> 01:47:16.160]  The chief of police is really, he is political, but only as relates to the mayor and the city council.
[01:47:16.160 --> 01:47:29.160]  The mayor and all the city council members, they are very politically attuned, and they do not want anybody higher up frowning at them.
[01:47:29.160 --> 01:47:42.160]  They don't want anything that would give the perception of impropriety, especially something their next political can use against them.
[01:47:42.160 --> 01:47:51.160]  And filing criminal charges against the mayor with the feds, that is a big deal.
[01:47:51.160 --> 01:48:00.160]  Because the mayor can be certain the next time he runs for mayor, his opponent is going to be waving that in front of everybody.
[01:48:00.160 --> 01:48:03.160]  Is that going to be costly filing in the feds?
[01:48:03.160 --> 01:48:06.160]  Wait, I couldn't understand you.
[01:48:06.160 --> 01:48:08.160]  Is it going to be costly?
[01:48:08.160 --> 01:48:09.160]  You're too close.
[01:48:09.160 --> 01:48:11.160]  I think you're too close to the mic.
[01:48:11.160 --> 01:48:13.160]  OK, is it going to cost you a lot?
[01:48:13.160 --> 01:48:14.160]  It's going to be costly.
[01:48:14.160 --> 01:48:18.160]  No, no, it doesn't cost anything filing criminal.
[01:48:18.160 --> 01:48:20.160]  It's not like civil.
[01:48:20.160 --> 01:48:22.160]  Criminal don't cost anything.
[01:48:22.160 --> 01:48:27.160]  You're the poor victim here.
[01:48:27.160 --> 01:48:30.160]  The only thing it costs you is certified mail.
[01:48:30.160 --> 01:48:38.160]  So you're telling me if I could travel there, that means that's all it will cost me, just my effort of getting there and submitting?
[01:48:38.160 --> 01:48:40.160]  No, you don't have to go there.
[01:48:40.160 --> 01:48:42.160]  Do it all in documentation.
[01:48:42.160 --> 01:48:46.160]  The feds will come and talk to you.
[01:48:46.160 --> 01:48:47.160]  What?
[01:48:47.160 --> 01:48:49.160]  Yeah, they'll come out and talk to you.
[01:48:49.160 --> 01:48:57.160]  They came out and talked to my brother-in-law about me and asked him what my politics were.
[01:48:57.160 --> 01:49:00.160]  He said, as far as I know, he didn't have any politics.
[01:49:00.160 --> 01:49:01.160]  Why are you asking?
[01:49:01.160 --> 01:49:07.160]  And the feds said, we're the one asking the questions, not you.
[01:49:07.160 --> 01:49:11.160]  Wrong thing to say to my jarhead brother-in-law.
[01:49:11.160 --> 01:49:15.160]  He said, no, you're the ones getting to hang off my porch.
[01:49:15.160 --> 01:49:19.160]  He slammed the door in their face.
[01:49:19.160 --> 01:49:21.160]  They just left.
[01:49:21.160 --> 01:49:24.160]  But yeah, they'll come talk to you.
[01:49:24.160 --> 01:49:25.160]  You don't care.
[01:49:25.160 --> 01:49:27.160]  If they don't, you don't care.
[01:49:27.160 --> 01:49:38.160]  In fact, the senior agent in charge, the special agent in charge, you send your complaint to the special agent in charge.
[01:49:38.160 --> 01:49:47.160]  If you don't hear from them, then you send your complaint against the special agent in charge to the U.S. attorney.
[01:49:47.160 --> 01:49:59.160]  And when you don't hear from the U.S. attorney, you send your complaint to the grand jury against the U.S. attorney.
[01:49:59.160 --> 01:50:07.160]  Odds are you'll hear from the U.S. attorney this time, and he will probably threaten you with jury tampering.
[01:50:07.160 --> 01:50:10.160]  Oh, wonderful.
[01:50:10.160 --> 01:50:17.160]  Then you file against the U.S. attorney with the attorney general for witness tampering.
[01:50:17.160 --> 01:50:22.160]  That seems like a lot of process while at that time I'm being locked up.
[01:50:22.160 --> 01:50:24.160]  I wanted to make a move where.
[01:50:24.160 --> 01:50:33.160]  Listen, when you start this process, you're going to start generating some serious politics.
[01:50:33.160 --> 01:50:41.160]  About eight or ten years ago, I sued Denton County, Texas for eleven million dollars.
[01:50:41.160 --> 01:50:44.160]  I sued two twenty four litigants.
[01:50:44.160 --> 01:50:51.160]  I sued my worst nightmare at the first hearing on the case.
[01:50:51.160 --> 01:50:54.160]  I non-suited.
[01:50:54.160 --> 01:50:58.160]  So it didn't go anywhere.
[01:50:58.160 --> 01:51:06.160]  And just recently, I met a friend who just got a job at the sheriff's department in the county I live in.
[01:51:06.160 --> 01:51:15.160]  She's working in the jail, but she had to go to Denton for a course on how to deal with difficult people.
[01:51:15.160 --> 01:51:22.160]  The one they used an example as an example with me.
[01:51:22.160 --> 01:51:26.160]  This works.
[01:51:26.160 --> 01:51:33.160]  When you walk them through the system, you get everybody hopping up and down.
[01:51:33.160 --> 01:51:42.160]  I might I just got a ticket six months ago because my registration on my car was expired.
[01:51:42.160 --> 01:51:46.160]  And the only reason I got a ticket was this is a new cop.
[01:51:46.160 --> 01:51:49.160]  He didn't know any better.
[01:51:49.160 --> 01:51:57.160]  I get to court. I didn't show up for the pretrial hearing and the prosecutor dismissed the case.
[01:51:57.160 --> 01:52:00.160]  Because I've ran them through the system.
[01:52:00.160 --> 01:52:07.160]  When you start running these guys through the system, you get somebody to do something you can file a complaint against them with.
[01:52:07.160 --> 01:52:10.160]  And then the one you file with doesn't act on it.
[01:52:10.160 --> 01:52:13.160]  You file on him and then the next one and the next one.
[01:52:13.160 --> 01:52:18.160]  These guys get real excited and they do not want to see you again.
[01:52:18.160 --> 01:52:29.160]  I almost guarantee you when you file with the feds against the chief of police for not acting against these officers or against the mayor,
[01:52:29.160 --> 01:52:39.160]  for not acting against the chief, for not acting against these officers, you're not going to see another policeman behind you.
[01:52:39.160 --> 01:52:45.160]  The chief is going to go to them and say, leave this no good scoundrel alone.
[01:52:45.160 --> 01:52:49.160]  It has nothing to do with law.
[01:52:49.160 --> 01:52:53.160]  It's all about politics. That's where the real power is.
[01:52:53.160 --> 01:52:55.160]  Now I understand.
[01:52:55.160 --> 01:53:01.160]  Put him in trouble with the feds. Put her in trouble with the feds.
[01:53:01.160 --> 01:53:05.160]  You're still too close to the mic. Your mic's breaking up.
[01:53:05.160 --> 01:53:15.160]  I'm saying your understanding is starting to make sense now. Put them in trouble with the feds and use 18-242.
[01:53:15.160 --> 01:53:22.160]  Is there any other? And use official oppression statutes or I'll find federal statutes to use against them.
[01:53:22.160 --> 01:53:41.160]  Yeah, the primary statute you'll use will be 18 U.S. Code 242. And what that will tell them is since he's using 18 U.S. Code 242, he's setting us up for a 83 suit.
[01:53:41.160 --> 01:53:54.160]  They're going to say this guy's setting us up to sue us and the fed. And it's politics.
[01:53:54.160 --> 01:54:03.160]  Understand the law, but think politics. What's going to put pressure on these guys at the bottom?
[01:54:03.160 --> 01:54:10.160]  How do I take a guy in the middle who's essentially innocent, like the mayor? He probably don't know anything about this.
[01:54:10.160 --> 01:54:15.160]  He do know. I warned him about it a long time ago. He know.
[01:54:15.160 --> 01:54:27.160]  Well, when you start filing criminal charges with the FBI and this mayor has to answer to the FBI, she's going to be terrified.
[01:54:27.160 --> 01:54:32.160]  The rule is take the state to the fed and the fed to the state.
[01:54:32.160 --> 01:54:41.160]  Now, they may feel like they have they're pretty well protected in their little good old boy niche down here because they all got their snouts in the same trough.
[01:54:41.160 --> 01:54:51.160]  But their snouts are not in the fed trough. And they are not going to feel protected by the feds in the slightest.
[01:54:51.160 --> 01:54:57.160]  They will absolutely understand the politics.
[01:54:57.160 --> 01:55:10.160]  And if they understand what's going to happen to the U.S. attorney with a new administration come in and they'll be terrified because that U.S.
[01:55:10.160 --> 01:55:16.160]  attorney is going to want a reason for the president not to accept his resignation.
[01:55:16.160 --> 01:55:27.160]  And the last thing he's going to want is you filing against him with the attorney general to give the president a reason to accept his resignation.
[01:55:27.160 --> 01:55:39.160]  So if there's any time you may actually get the feds to get off their keister, this is that time.
[01:55:39.160 --> 01:55:53.160]  Move quickly. The president is going to be in soon. And if you start moving now, about the time that resume or that the resignation hits the attorney general's desk,
[01:55:53.160 --> 01:55:58.160]  the president will be ready to start making his appointments.
[01:55:58.160 --> 01:56:10.160]  So by next week, Friday, I need to have the federal crime against the chief police.
[01:56:10.160 --> 01:56:17.160]  Well, first you need to file with the chief and get him to refuse to take it.
[01:56:17.160 --> 01:56:21.160]  Better if you go down there and give it to him and have him refuse right there.
[01:56:21.160 --> 01:56:24.160]  Then it don't take long to get that done.
[01:56:24.160 --> 01:56:28.160]  I got them on recording refusing to take it.
[01:56:28.160 --> 01:56:31.160]  Oh, OK. You're already in there. OK, wonderful.
[01:56:31.160 --> 01:56:36.160]  Yeah, I got several recordings already, two recordings. I got witnesses.
[01:56:36.160 --> 01:56:40.160]  Have you tried to file with the mayor?
[01:56:40.160 --> 01:56:42.160]  File complaints?
[01:56:42.160 --> 01:56:43.160]  Yeah.
[01:56:43.160 --> 01:56:51.160]  Against the chief? Yes, I tried. And they sent me to internal audit and they told me that it would not happen again.
[01:56:51.160 --> 01:56:53.160]  Then it happened again.
[01:56:53.160 --> 01:57:00.160]  OK, perfect. OK, you're ready to go to the Fed.
[01:57:00.160 --> 01:57:03.160]  That ought to get their attention.
[01:57:03.160 --> 01:57:07.160]  So I've done the steps that I needed to do already to go to the Fed?
[01:57:07.160 --> 01:57:10.160]  Absolutely.
[01:57:10.160 --> 01:57:12.160]  OK, so?
[01:57:12.160 --> 01:57:22.160]  So read 18 U.S. Code 242 and look up some case law on it and then start filing.
[01:57:22.160 --> 01:57:23.160]  OK.
[01:57:23.160 --> 01:57:29.160]  OK, have fun. Do you have anything else, Olivier?
[01:57:29.160 --> 01:57:32.160]  No, I think this is the most urgent.
[01:57:32.160 --> 01:57:39.160]  But I don't like my friends being involved. They pulled over my friends and they're not exactly like I am.
[01:57:39.160 --> 01:57:42.160]  So that kind of really got me mad.
[01:57:42.160 --> 01:57:46.160]  Yeah, well, that's what they'll do to try to make it hot for you.
[01:57:46.160 --> 01:57:53.160]  If you start on them with the Fed, odds are they're going to disappear.
[01:57:53.160 --> 01:57:59.160]  Should my friend? Can my friend file? Is this something that he can file against me?
[01:57:59.160 --> 01:58:04.160]  No, don't ask your friend to get into something he's not prepared for.
[01:58:04.160 --> 01:58:13.160]  All right. Got you. So just tell him to deal with the one. Can he sue them for coming on his property?
[01:58:13.160 --> 01:58:14.160]  No, no.
[01:58:14.160 --> 01:58:22.160]  No, no, no. He doesn't really have a claim against him. Other than that, he was not in commerce.
[01:58:22.160 --> 01:58:27.160]  OK, we're about to go to break.
[01:58:27.160 --> 01:58:32.160]  I'm going to move on because I've had some people waiting a long time.
[01:58:32.160 --> 01:58:36.160]  Go after the feds and get this thing ran up the flagpole.
[01:58:36.160 --> 01:58:49.160]  This is Randy Kelkin, The Rule of the Radio. I call it number 512-646-1984. We'll be right back.
[01:58:49.160 --> 01:58:53.160]  The Bible remains the most popular book in the world.
[01:58:53.160 --> 01:58:57.160]  Yet countless readers are frustrated because they struggle to understand it.
[01:58:57.160 --> 01:59:01.160]  Some new translations try to help by simplifying the text,
[01:59:01.160 --> 01:59:06.160]  but in the process can compromise the profound meaning of the Scripture.
[01:59:06.160 --> 01:59:09.160]  Enter the Recovery Version.
[01:59:09.160 --> 01:59:13.160]  First, this new translation is extremely faithful and accurate,
[01:59:13.160 --> 01:59:18.160]  but the real story is the more than 9,000 explanatory footnotes.
[01:59:18.160 --> 01:59:22.160]  Difficult and profound passages are opened up in a marvelous way,
[01:59:22.160 --> 01:59:28.160]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:28.160 --> 01:59:33.160]  Tools for America would like to give you a free Recovery Version simply for the asking.
[01:59:33.160 --> 01:59:43.160]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[01:59:43.160 --> 01:59:51.160]  or by ordering online at freestudybible.com. That's freestudybible.com.
[01:59:51.160 --> 02:00:00.160]  You are listening to the Logos Radio Network, logosradionetwork.com.